Shivaji Ingle
I was on bench in my previous organization from Oct -21 to Jan-22. They paid me till -22, but while F&F disbursement they deducted Jan month salary from Gratuity saying mistakenly they paid Jan-22 salary. Does the company have the right to deduct such an amount for Gratuity?
From India, Pune
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Saswatabanerjee
Partner - Risk Management
Rkn61
Hr Manager
Shivaji Ingle
Operation Manager

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saswatabanerjee
2355

Gratuity amount can not be used to recover any amount due to the employee. To that extent the action of the company is illegal.

Please explain what exactly do you mean by them deducting the Jan 22 amount and why is it being deducted
Actually, since you worked for less than a year, you are not even eligible for gratuity. How did they pay it in the first place?

From India, Mumbai
Shivaji Ingle
I joined the company in Aug 2016 ,due to COVID company kept me on bench from Oct-1 to Jan-22 .After that I resigned from my position .till date company paid me salary .but in F&F they deduct Jan -22 Salary from my Gratuity by saying it paid to me by mistake.
From India, Pune
saswatabanerjee
2355

This is what happens when you do not give the full details.

You should first ask your HR to explain why they claim that January 2022 salary was paid by mistake. Did you work for the month or did you not finish the notice period?

But in either case, no amount can be deducted from Gratuity. You can tell them to pay it to you (irrespective of their other claims against you, which they will have to find alternate ways to recover from you). If they do not do so, you can file a complain with the relevant authority under Gratuity Act, which is mostly the Labour Commissioner of your district.

From India, Mumbai
rkn61
572

Gratuity can not be taken for adjusting any other dues recoverable by the Company.
From India, Aizawl

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