Can an Employer Deduct Salary for a Waived Notice Period? Seeking Legal Insights

I would like to know, when an employer had stipulated a 90-day notice period in the appointment letter, but the employee gave 45 days' notice and the HR Manager confirmed that he would accept 45 days' notice, i.e., 45 days would be waived (this was oral but in the presence of the Manager of the employee). Can the company deduct 45 days' salary while giving full and final settlement?

The employer is a limited company in Mumbai, which is a fully owned subsidiary of a giant public limited company. Can the deduction of 45 days be challenged with the company and/or in the court of law?

The employee was a deputy manager, and the amount is around 40k. Additionally, the employee had completed the handover within the 45-day notice period. Thanks. You are requested to revert. Your early response will be highly appreciated.

Thanks sincerely,
mdk

Since you worked in Mumbai, you are governed by the Bombay Shops and Establishment Act. Under the Act, normally, a 30-day notice period is given by the employer. So, in parity, a 30-day notice period on the part of the employee is to be given. However, if you have worked for 45 days, then the question of the deduction of 45 days' wages does not arise. Make a complaint to the inspector under the Act for the violation of the Payment of Wages Act provisions, which are read in the said Bombay Act and for non-payment of dues.

Thanks,

Sushil