PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
PRABHAT RANJAN MOHANTY
Hr & Ir
Retired Government Servant/advocate
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KK!HRYour queries are answered at seriatim below:
1. The amount credited to your account cannot be deducted without your consent. If you are anticipating it, pl shift the balance amount to some other account.
2. You need to dispute their calculation, justify the amount received as due to you. Pl clarify when were you relieved actually, whether it remains 17th October or November 13th. What happens to your leave encashment, other terminal benefits?
3. If you take a stand that you don't have that much money to repay it, there is nothing much the employer can do to recover it.
From India, Mumbai
PRABHAT RANJAN MOHANTYYour employer could have hold prior to credit of amount to your account but cant asked bank to make debit the quantum of amount from your account. You can close this account or transfer the amount to other account in case you are apprehending something may happen.
Send them a reply that your payment for the month of October & November was justified as you got relieved from services on 13th November. You can send own claim statement with a justification some outstanding still not received.
Is that letter came to in Regd post or speed post or ordinary post, you ignore the communication if that came by ordinary post. The advice of Mr. KK HR is good to follow, it would be better if you can share the copy of letter received from HR with any of the members message box whom you consider is the best for clarity in suggestion.
From India, Mumbai
suresh2511If you are holding a salary savings bank account in the same branch from where your ex-employer is operating, he has full right to request the bank in writing to reverse the amount to their bank account which was wrongly credited to your account.
You may write and request your employer to provide you full details of your Full & Final settlement including payment of your balance leave encashment. You may further add that with the non-receipt of requested documents with 7 days from the receipt of your letter/email, you will be compelled to write to the Assistant Labour Commissioner/Labour Enforcement Officer of the jurisdiction where your office is situated about non-payment of your dues.
You may also write to your bank to reverse the wrong debited (if you feel so) amount to your account immediately, failing which, you will be compelled to write to RBI about their operating system.
Gentle Advise: If you know the Company had erroneously transferred the amount to your bank account as a Human Error then they have every right to recover the same from you. (Like how we fight for our own dues)
From India, Thane
email@example.comTo my understanding, The Bank cannot debit any amount from a customer's account at the behest of a third person. It makes no difference if the third person happens to be the employer or ex-employer of the customer and the amount happens to be wrongly credited. The only option for the employer is through due process of law.
However, there a moral obligation of the employee to return the amount, if wrongly credited.
From India, Kochi