I have been working at a company for over 2 years. After a year, they introduced a system for deducting a security deposit which has to be given after a year from when it begins.
I received one when I completed one year after the deduction started (but not easily, at that time CiteHR's community helped me get that).
After that, I stayed at the company for 6 months and then resigned with a longer notice period than agreed to avoid any arguments that I did not serve well.
However, HR is now saying that I will not be receiving the security deposit money as I am leaving before a year since the deduction started.
So, once again, I need CiteHR's help to resolve this issue.
Please advise on what steps I should take next.
From India, Chandigarh
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I received one when I completed one year after the deduction started (but not easily, at that time CiteHR's community helped me get that).
After that, I stayed at the company for 6 months and then resigned with a longer notice period than agreed to avoid any arguments that I did not serve well.
However, HR is now saying that I will not be receiving the security deposit money as I am leaving before a year since the deduction started.
So, once again, I need CiteHR's help to resolve this issue.
Please advise on what steps I should take next.
From India, Chandigarh
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Hi,
It is not very clear what you mean by security deposit.
Are you referring to Retention Bonus, which will be normally as per Grade entitlement apart from salary?
If a part of your salary is deducted as a security deposit and if not paid back based on your resignation before completing the 2nd year, then it is not ethical and against the law. You can fight for your money as it is your salary.
However, if it is a Retention Bonus that is out of salary, then it is at the discretion of the Employer, and you cannot claim it as a matter of right.
From India, Madras
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1015It is not very clear what you mean by security deposit.
Are you referring to Retention Bonus, which will be normally as per Grade entitlement apart from salary?
If a part of your salary is deducted as a security deposit and if not paid back based on your resignation before completing the 2nd year, then it is not ethical and against the law. You can fight for your money as it is your salary.
However, if it is a Retention Bonus that is out of salary, then it is at the discretion of the Employer, and you cannot claim it as a matter of right.
From India, Madras
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When my salary is below 20k, they won't take any deduction. When it becomes more than that, they say that they will cut ₹2000/- amount each month, which will be given at year-end.
In my agreement, they wrote my salary as ₹30000/-. They are deducting from that amount, so what I get is ₹27,800/- (₹200/- just service tax, you can ignore that).
Can this be considered as a Retention Bonus? Please let me know more about it.
From India, Chandigarh
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In my agreement, they wrote my salary as ₹30000/-. They are deducting from that amount, so what I get is ₹27,800/- (₹200/- just service tax, you can ignore that).
Can this be considered as a Retention Bonus? Please let me know more about it.
From India, Chandigarh
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Hi Rs.30,000/- is your ctc or gross salary? Please check the agreement signed by you. Looks like illegal deduction only.
From India, Madras
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From India, Madras
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"You are entitled to a revised gross remuneration of Rs. 30,000 per month." This is the exact text from the agreement.
From India, Chandigarh
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From India, Chandigarh
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There's no mention of a bonus in the agreement. They only mentioned on a call that this amount will be deducted. They only mentioned that this will be given after a year. But there is no mention that if I leave before a year, they will not give it.
From India, Chandigarh
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From India, Chandigarh
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Hi,
I hope they gave you monthly payslips and that you are keeping them. You can make a request in writing and ask for a written statement that they may not be able to provide. If they deny your request, inform them that you don't have any other option except to approach the Labour office for justice.
However, keep in mind that this situation may have an impact during future background verification, and they might not issue a proper relieving letter. Just a word of caution.
From India, Madras
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I hope they gave you monthly payslips and that you are keeping them. You can make a request in writing and ask for a written statement that they may not be able to provide. If they deny your request, inform them that you don't have any other option except to approach the Labour office for justice.
However, keep in mind that this situation may have an impact during future background verification, and they might not issue a proper relieving letter. Just a word of caution.
From India, Madras
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They are not giving any payslips, but yes, I have a bank statement. Will it work?
"You can make a request in writing and ask for a written statement that they will not be able to give you."
Pardon me, I didn't get your point. Could you please elaborate more.
For BGV, I've done nothing wrong during my tenure, and I did my job with full dedication until the last day. I helped the company sustain its projects which were not stable. Can they lie about me in the BGV? If yes, I think it can be tackled legally, as they will be giving misinformation to harm (if it happens). Your thoughts?
And if they block the relieving letter due to this, can it be challenged legally?
From India, Chandigarh
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"You can make a request in writing and ask for a written statement that they will not be able to give you."
Pardon me, I didn't get your point. Could you please elaborate more.
For BGV, I've done nothing wrong during my tenure, and I did my job with full dedication until the last day. I helped the company sustain its projects which were not stable. Can they lie about me in the BGV? If yes, I think it can be tackled legally, as they will be giving misinformation to harm (if it happens). Your thoughts?
And if they block the relieving letter due to this, can it be challenged legally?
From India, Chandigarh
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Hi I meant you ask your employer to give you in writting that they will not be able to release amount deducted from salary. Got it? BGV comments is at employer discretion.
From India, Madras
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From India, Madras
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Thanks Lakshmi Narayanan ji for your help. Will keep you posted.
From India, Chandigarh
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From India, Chandigarh
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I asked my employer to provide me in writing why he is not paying me the deducted amount, but he has not provided.
I would like to lodge a complaint with the Labor Office. Please let me know how I can file a complaint there. A sample of the complaint letter would be greatly appreciated.
If you suggest sending a legal notice, please assist me and provide me with the format. Thanks.
From India, Chandigarh
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I would like to lodge a complaint with the Labor Office. Please let me know how I can file a complaint there. A sample of the complaint letter would be greatly appreciated.
If you suggest sending a legal notice, please assist me and provide me with the format. Thanks.
From India, Chandigarh
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Hi,
You can make a formal complaint with the labor office. There is no standard template. Just share the exact details with the name and address of the employer, your joining date, and a narration of the discussion with the employer. You may submit the letter in your local language also.
From India, Madras
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You can make a formal complaint with the labor office. There is no standard template. Just share the exact details with the name and address of the employer, your joining date, and a narration of the discussion with the employer. You may submit the letter in your local language also.
From India, Madras
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Some people say that my salary is above 21-24k so Labour Office or court will not help a person whose salary is above that limit. Please let me know if this claim is true or not?
From India, Chandigarh
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From India, Chandigarh
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Hi, If you were employed in a managerial /supervisor cadre then you cannot approach Labour Court
From India, Madras
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From India, Madras
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I was a senior developer there. Will it be considered a managerial role? Each developer is doing their own work; the company doesn't work as a team at all.
If this is considered a managerial role, then what should I do if the labor office is not approachable?
From India, Chandigarh
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If this is considered a managerial role, then what should I do if the labor office is not approachable?
From India, Chandigarh
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