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saswatabanerjeeYour questions are unclear and the background is also not known You will get a proper answer if you give all the details including your own designation and what point of view you are asking the query
From India, Mumbai
I work with 5 hotel as General Manager , before joining the hotel it was agreed for first three months salary 35 % deduction will be there, but kept ongoing till 6 months in garb of no business, full furnished accommodation was part of my perks, owner gave a extremely comprised accommodation which I agreed understanding his funds situation at the joining to support him, in return he agreed to pay electricity and PNG bills as part of accommodation, vechile for to and fro was facilitated to me as part of my package( for Offical usage),now after 9 months at the time of my full and final settlement after reviewing the amount which probably he doesn’t want to pay, owner is saying he will deduct petrol charges incurred against accommodation - hotel -accommodation , electricity and PNG line charges coz your demanding payment your pending privilege leaves and non deposited PF amount, all commitments were in verbal
It’s all my hard earned please advise how can I get my complete amount without any deduction
From India, Bengaluru
saswatabanerjeeSince all the terms are oral, you have little to go by in proving that you were promised those terms.
Further, by accepting the 'sub-standard' accommodation, you have agreed to the changes in the terms of employment. Since there is nothing to show that it was temporary, you don't really have any way to recover the difference.
Providing rent free accommodation does not automatically include payment of utility bills. That should be specifically stated in the terms. However, when the company asks for the reimbursement after 9 months, then it looks like an afterthought and the authorities would decide that in your favour. Transport provided by the company from home to office can not be recovered from the employee unless there was a specific term in the contract that it is to be paid by the employee.
The hotel accommodation itself, claiming it back is definitely unfair. However, how do you prove your point is the main issue here. Further, the only way is to go to court, which is an expensive exercise. The lawyers fees alone would probably be more than the recovery.
With reference to leave encashment, as you have worked for less than a year, I am not sure if you are even eligible for leave. But without details of the location, terms of employment, standing orders, etc, it is not possible to say anything in favour or adverse to your claim.
From India, Mumbai