Facing a Salary Deduction After Resignation Due to a Bounced Broker Cheque – What Should I Do?

Hi all,

I worked at XXX Integrated Logistics Pvt Ltd from January 2016 to June 2016. I served my notice period from May 10th to June 10th. However, now, after 4 months, they are saying that they will deduct 40,000 from my salary because one broker's cheque bounced. This cheque was collected in May in the name of the company but bounced and was redeposited in the bank on June 8th. The management has not given me approval to file a case against the broker. Now, they are saying that since I did not collect the money, they will deduct 40k.

Hi Subash,

Assuming that you have received or collected your employment papers, please approach the labor commissioner. The client's payment will not be held responsible for the person who acts as a collector or for anyone who has referred the client.

Thank you.

@ MAHR, thanks for the same.

I have already complained at the Labour Court, but they issued a letter to me stating that your salary exceeds 18000/-. Therefore, you need to file a petition under Section 33C (2) of the ID Act, 1947. Where do I file this, how much expenses will be incurred, and how long will it take? I am currently without a job and do not have the funds to travel to Chennai. Can I file in another state as well?

Cheque bouncing amounts cannot be recovered from the employee. Inform your company whether this issue has been disclosed in the employment terms and conditions. If not, you can file a civil suit against the employer; however, be aware that you may lose your job soon. Act accordingly.

Thank you, after resigning from this company, I joined another one after 2.5 months to ensure that I will provide a relieving letter from my previous employer within 10 days. However, they have still not provided the relieving letter and Full and Final settlement. As a result, my current employer is pressuring me to submit the documents, otherwise, they will take action against me.

Can I publish the correspondence between me and my employer? Can I share it on social media platforms such as TransporteTransport Co, Facebook, LinkedIn, and others?

Regards

Publishing your ex-employer's complaint on social media or any other similar site is not a good idea. You are requested to address the matter with the company's top management or seek legal advice regarding this issue.

Dear Saji,

I have been continuously reaching out to the company chairman, mentioning that I am seeking help through social media, but they are not responding. Yesterday, I visited their office, and the HR head asked me to wait for 3 hours. I waited for 4 hours, but then she informed me that they do not have time and requested that I do not come without proper approval or an appointment. However, they have not responded to my requests for an appointment. I have sent numerous emails and messages, but have not received any replies.

With the help of a lawyer, you can send a legal notice to them. However, publishing anything negative about your ex-employer may cause trouble for you.

Handling Relieving Letters and Salary Deductions

Your first concern should be to obtain the relieving letter and provide it to your new employer.

What is more important to you? Getting Rs. 40,000 from the employer or ensuring your current job is secured by submitting the relevant documents?

According to me, you need to first accept their pay-cut in the full and final settlement and get your relieving letters. Alternatively, if your current employer is understanding enough, explain to them that the previous employer is not giving the letter due to specific reasons and that you are willing to share the letters to prove your innocence in this matter.

After you have obtained your relieving letter, if you still feel like pursuing the issue, you can consult a lawyer. However, be aware that your current employer may not be pleased to hear that you are involved in a legal case, nor will they be happy if you need leave to attend court. Additionally, if you are publishing confidential information on social media, your current employer is likely to terminate your employment, as they will not want to risk having someone like you on their rolls.

Regards