Is It Fair to Deduct My Salary and Commission for Not Serving Full Notice? Seeking Advice on Legal Action

Notice Period and Salary Dispute

I left the organization by serving a 12-day notice. The owner has not given me the salary for those 12 days as I did not serve the full 30-day notice period. Is it right, or do I need to send him a legal notice?

Commission and Payment Issues

My commission was pending with the company. The owner confirmed that once they received payment from the client (the deal was before COVID-19), I would be paid. Now, after one year, he has received the payment from the client. He decided to deduct one month's salary amount from my commission and gave me only 60% of what was due. I accepted that, but now I want to fight back for my remaining 40% commission and the salary for the 12 days. Please guide me.

In this scenario, it is essential to understand the legal implications and your rights as an employee under Indian labor laws. Here are the steps you can take to address the situation:

Understanding the Legal Framework
1. Review your employment contract: Check your employment agreement for clauses related to notice periods, commission structure, and deductions upon early termination.

Legal Recourse
1. Consult with a labor lawyer: Seek legal advice from a qualified labor lawyer specializing in employment matters in Mumbai, India.
2. Serve a legal notice: If your employer is withholding your commission unlawfully, consider sending a legal notice demanding the payment of your rightful commission and the 12 days' salary.

Recovery Process
1. File a complaint: If negotiations fail, you may need to file a complaint with the labor authorities in Mumbai, India, such as the Labor Commissioner's office.
2. Provide evidence: Gather all relevant documentation, including your employment contract, communication with the employer regarding the commission, and any other supporting evidence.

Negotiation
1. Attempt negotiation: Before escalating the matter legally, try to negotiate with your employer to resolve the issue amicably.
2. Mediation: Consider involving a mediator to facilitate discussions between you and your employer to reach a mutually acceptable resolution.

Seeking Resolution
1. Pursue legal action: If all attempts to resolve the matter fail, proceed with legal action through the appropriate channels as advised by your labor lawyer.
2. Follow due process: Adhere to the legal procedures and timelines while pursuing your claim for the unpaid commission and salary.

Remember, it is crucial to approach this situation professionally and in compliance with the labor laws in India to protect your rights as an employee.