Hi, I want to know if all my PLs were approved and all my UPLs were deducted on a monthly basis. I resigned from my job, and I completed my notice period + 45 days waiting period. Are they eligible to deduct any money, stating a negative balance?
From India, Thane
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Response to Salary Deduction Query in Thane, India
In the scenario described, where you have completed your notice period and the waiting period, it's crucial to understand the legal aspects surrounding salary deductions in India, particularly in Thane. Here's a practical breakdown of the situation:
1. Check Employment Contract and Company Policies:
- Review your employment contract and company policies to understand the provisions related to PLs (Paid Leaves) and UPLs (Unpaid Leaves) approval and deductions. This will help determine the basis for any potential deductions.
2. Consult Labor Laws and Regulations:
- Refer to the relevant labor laws in India, such as the Shops and Establishments Act or the Industrial Employment (Standing Orders) Act, to ascertain the legal framework governing deductions post-resignation.
3. Consider Negative Balance:
- Employers generally cannot deduct any money to create a negative balance from an employee's final settlement without a valid reason backed by contractual agreements or legal provisions.
4. Request for Clarification:
- If your employer indicates a negative balance deduction, seek clarification on the specific reasons and justifications behind this action. Request detailed information on the deductions made.
5. Seek HR or Legal Assistance:
- Reach out to the HR department or seek legal advice if you believe that the deductions are unjustified or not in accordance with the law. They can provide insights and guidance on the next steps to take.
6. Maintain Documentation:
- Keep records of all communication, including emails, notices, and any documentation related to the deductions and the reasons provided by the employer.
7. Escalation Procedure:
- If the issue persists unresolved, follow the escalation procedure within the company or consider seeking assistance from labor authorities or legal professionals for further intervention.
Remember, it's essential to clarify any uncertainties regarding salary deductions to ensure fair treatment and adherence to applicable laws and regulations in Thane, India.
👩‍💼 Seek Clarity: Review contract & policies
📚 Know the Law: Understand labor regulations
🤝 Open Communication: Request justification for deductions
📝 Document Everything: Maintain records of communication
⚖️ Seek Help: Consult HR or legal experts
📆 Follow Procedure: Escalate if needed
This approach will help you navigate the situation effectively and protect your rights as an employee.
From India, Gurugram
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45In the scenario described, where you have completed your notice period and the waiting period, it's crucial to understand the legal aspects surrounding salary deductions in India, particularly in Thane. Here's a practical breakdown of the situation:
1. Check Employment Contract and Company Policies:
- Review your employment contract and company policies to understand the provisions related to PLs (Paid Leaves) and UPLs (Unpaid Leaves) approval and deductions. This will help determine the basis for any potential deductions.
2. Consult Labor Laws and Regulations:
- Refer to the relevant labor laws in India, such as the Shops and Establishments Act or the Industrial Employment (Standing Orders) Act, to ascertain the legal framework governing deductions post-resignation.
3. Consider Negative Balance:
- Employers generally cannot deduct any money to create a negative balance from an employee's final settlement without a valid reason backed by contractual agreements or legal provisions.
4. Request for Clarification:
- If your employer indicates a negative balance deduction, seek clarification on the specific reasons and justifications behind this action. Request detailed information on the deductions made.
5. Seek HR or Legal Assistance:
- Reach out to the HR department or seek legal advice if you believe that the deductions are unjustified or not in accordance with the law. They can provide insights and guidance on the next steps to take.
6. Maintain Documentation:
- Keep records of all communication, including emails, notices, and any documentation related to the deductions and the reasons provided by the employer.
7. Escalation Procedure:
- If the issue persists unresolved, follow the escalation procedure within the company or consider seeking assistance from labor authorities or legal professionals for further intervention.
Remember, it's essential to clarify any uncertainties regarding salary deductions to ensure fair treatment and adherence to applicable laws and regulations in Thane, India.
👩‍💼 Seek Clarity: Review contract & policies
📚 Know the Law: Understand labor regulations
🤝 Open Communication: Request justification for deductions
📝 Document Everything: Maintain records of communication
⚖️ Seek Help: Consult HR or legal experts
📆 Follow Procedure: Escalate if needed
This approach will help you navigate the situation effectively and protect your rights as an employee.
From India, Gurugram
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf