Tushar.swar
Manager - Human Resource
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Lost_Soul_SIN
Project Manager

I work for a product development company in travel domain and my prior experience was in Banking & Financial Services. Exactly 3 within months of joining, one of our QA did Live Hotel bookings on Test Environment without knowing it.

Nobody realised the mistake and finally after 5.5 months the client sent a mail that during testing we have made LIVE bookings to the tune of USD 638.

Then the management decided to get back the amount from the team and HR started the negotiating process

I asked the HR to tell me the amount the management wants to get back from the team and who in their opinion constitutes the team.

HR said he will get back with the required information and left for campus recruitment.

My salary was credited on a weekend and the following monday i checked the payslip and found a term \"Miscellaneous Deduction\" to the tune of 10903 INR. Immediately i called the HR to confirm and my worst doubts came true. The management has went ahead and deducted from my salary without my consent.

I checked with my other team members if any amount has been deducted, but the deduction happened only for me and there is not even a single notification before deducting or after that.

I sent a mail putting down the scenario and the discussion happened but its been a week and no one has responded.

What is more funny is that there has been couple of incidents which has happened in the past but since the amount was very small (which i got to know after this incident) the management took care of that. Silly part is, the management did not even bother to build some check points after the first two instances to prevent any such untoward incident happening. Also, there was no communication of the previous incidents which would have helped now.

Even now, the management doesnt want to discuss this topic behind closed doors and hush up.

Do i have any legal options to get back my hard earned money
17th February 2014 From India
Dear ,
I understand your case...
for any deduction from salary, need the declaration or intimation by respective employees or company any of the side should give the intimation or acceptance on the same.
Without any intimation or declaration from employees about any deduction shall not be consider as law full. its shows as an abolition of employees & unlawful behavior of the company.
I hope that, you have not signed any documents,which specify your guilty in such mistake & declare or undertaking / acceptance by you to deduction such amount.
In that, you may escalate this matter at management of company & still if your not getting any satisfactory response from them, then you may file case again them in labour court or Industrial dispute court.
Regards,
Tushar Swar
20th February 2014 From India, Mumbai
Dear Member,
The decision of your company recovering the money from your salary towards the loss incurred by it seems to be unilateral and without following due course of law. The company has not followed the principal of Natural Justice by not giving reasonable opportunity to you. You can challenge this action of your company and get justice. But, you are in continuation of your relationship with your employer as an employee and therefore you need to take a pause here.
My advise to you is, you should talk to the CEO of you company and draw his attention to the injustice on you by the company.
Wish you all the best.
26th February 2014 From India, Mumbai
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