They cannot forfeit your one and a half month salary on the pretext that you were absent for 3-4 days during the notice period.
Seek the release of your salary by sending a legal notice to this Pvt. Hosp.
Forfeit of CD (cash deposit) after resignation
HI, I am a Junior Doctor was working in a Private Hospital with my last working day as 16th November. I have not yet received my salary for the month of October and half of November. When I called the HR department today they said the CFO ordered to forfeit my CD (deposit) on the basis that I was not available for 3 duties in the month of November. I did give a full 1 month notice before leaving. Can my previous company forfeit my total deposit with that company after I resign on the basis of me not being able to come for 3/4 different days in the notice period? I am not asking for payment for those 3/4 days that I was not available but for the days I was available and my deposit with the company?
Asked 8 years ago in Labour
15 Answers
Hi
The terms and conditions of your engagement as Junior Doctor will have details as to forfeiture or money in lieu of shortfall of notice period.
You stated that around 3 or 4 days was missed. In case if you have unused leaves they will be adjusted.
When it comes to F&F settlement after serving notice period in accordance with T&C of your engagement they are liable to settle your account and give F&F.
If they deviate from T&C and if you complied with the same. You can issue a notice to them claiming your entitlement.
Good Luck
The act of your previous employer was totally unacceptable and without any basis of law.
So send them a legal notice seeking payments of your arrears salary and security deposit.
Security or cash deposit can under no circumstances be forfeited.
If after your notice the management refuses to clear your dues then lodge a complaint if cheating.
Once FIR under section 420 ipc would-be registered you can expect your money back within a reasonable period of time.
Good luck.
Hello,
On the basis of absence of 3/4 days, the entire amount can not be forfeited by your company.
You may send a legal notice to the company and may claim your money.
Going to file a suit will be long drawn process which will take a lot of time and money.
Regards
Based on contractual terms between the parties, some companies arbitrarily impose such conditions. Although it looks artbitrary, still the legal remedy is not in favour of employees as the labour laws are not in favour of employees in india.
Issue legal notice to hospital to release your outstanding salary and cash deposit
If hospital fails to pay sue the hospital to recover your dues with interest
Is there any clause in your appointment letter regarding this?
If not and you complied with the terms of your appointment by giving proper resignation and served your notice period the hospital can not hold or forfeit your salary.
Send them a written legal notice for payment with in 15 days else file a civil suit against the hospital and make the person responsible for this as party.
Contact a local lawyer and give them a legal notice failing which file a case in labour court.
HI, it is advisable to send hospital management a legal demand notice to pay the due salary ..if they fail to comply wit the notice , you can file a civil recovery suit in court to recover your salary
As per rule , an employer should not make any deductions from an employee's remuneration without the written consent of the employee, except for statutory deductions such as UIF, any deduction required by Court Order, or deductions for retirement fund contributions or medical aid contributions.
Otherwise, the clause specially mentioned in the contract signed by you at the time of joining as a doctor by you.
Hence, as per law , your previous company cannot forfeit your total deposits with the company only due to the reasons mentioned by you. Maximum company can deduct the days of absent.
You should send a written notice after narrating all the facts to the company regarding the same to refund your CD(Deposit) within 15 days of time , otherwise you are going to take legal remedy from the court of law.
If no response , then you will have to file a suit for the same.
Please serve them legal notice through a lawyer demanding the salary. If they don't heed to your request file a suit before labour court or file suit for recovery of money before that get copy of your attendance register to submit it to cOurt. And please read terms of agreement you entered if any with that hospital before joining as junior doctor.
You should send them a legal notice asking for your full and final settlement and your relieving cum experience letter as per the employment contract which is there in between you and your previous organisation. If they failed to do then you can drag them before the competent court of jurisdiction.
Not reporting to duties during the notice period for 3/4 days does not entitle anyone to forfeit the entire cash deposit done by the employee. Besides this it is your employment contract which will play a crucial role for this case.
The action reported to have taken by the company is not maintainable
You first issue a legal notice and then challenge the same properly in court of law.
Dear Sir,
The question is who shall bell the cat.
If you are ready I will prepare a Legal Notice to your employer and try to get the amount. Please share your documents or get in touch with any local lawyer who is spirited minded not commercial minded.
You have to check with the terms of your appointment letter and service rules. If you still find the same illegal you can approach court for the same
