Please can someone advice on this issue. I am working in a Private company. I was paid spme extra allowance by the Airline which I was not aware of..in a period of one year. They have deducted my entire salary this month to make the recovery without intimation. Is it legal to deduct the whole salary? They should have done this in installments and with details. But the same has not been done. Please advice.
From India, Delhi
From India, Delhi
hi sir yes u can take legal action against them if you want I am advocate we can help you in this case u can contact us at 9868000935 or hanukaushikyahoo.com
From India, Delhi
From India, Delhi
If you were covered under payment of wages act, the answer would be simple. Maximum deduction from gross salary including PF ESI etc is 50%. So full deduction is not allowed. Further, deduction of excess paid allowances is like a debt recovery so it should come under the other restrictions in the act.
However, I suspect you earn more than ₹18000 per month so the act will not apply to you.
You need to read the standing orders applicable to the state you work and see the rules that apply in such a situation.
The question then comes is why the allowance was paid to you. It must have been in the salary slip so you were aware of it. You can't say you didn't know. If the allowance was paid by mistake they should discuss the same and recover it in instalments. However, if the allowance was paid due to a misstatement, manipulation or fraud by you, then they are pretty much justified in recovery in a single instalment.
First step for you should be to go and speak to th HR and to your immediate manager and complain of how unfair it is to recover in a single instalment. But now it's done, what resolution exactly are you expecting ?
From India, Mumbai
2395However, I suspect you earn more than ₹18000 per month so the act will not apply to you.
You need to read the standing orders applicable to the state you work and see the rules that apply in such a situation.
The question then comes is why the allowance was paid to you. It must have been in the salary slip so you were aware of it. You can't say you didn't know. If the allowance was paid by mistake they should discuss the same and recover it in instalments. However, if the allowance was paid due to a misstatement, manipulation or fraud by you, then they are pretty much justified in recovery in a single instalment.
First step for you should be to go and speak to th HR and to your immediate manager and complain of how unfair it is to recover in a single instalment. But now it's done, what resolution exactly are you expecting ?
From India, Mumbai
See , recovery of excess and undue money is right but process of recovery is not right. In case you go to court, what max will happen? You may get some rupees as interest at the cost of your time etc. and company will be advised to be careful.Instead , it was your responsibility to check and reach company that time when this money came to your account by somebody's mistake. Since it was long silence on your part first, courts normally do not encourage to such moves treating generally acceptable as human errors.
Regds,
RDS Yadav
Labour Law Adviser
From India, Delhi
Regds,
RDS Yadav
Labour Law Adviser
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Salary-Note.doc
SALARY SHEET CALCULATION.xls