• Unethical claims from my company

I am a cognizant employee. I am absent from work for ,5 months. I opposed nightshifts. first month of absence I got only 9000 rupees instead of 20635. now I am facing termination. they are asking me to pay 1.5lacs. I understand I have to pay 1.1 lacs but they seeking 43000 extra for two months serving period. normally company pays two months salary in case of termination and company takes two months of salary in case of resignation. now please help in this regard. what can be done. they saying I must pay Else they will seek legal help to recover the money. I am ready to pay the money. But is their any way to reduce the amount.
Asked 3 years ago in Business Law from Bhubaneswar, Odisha
1) what are terms and conditions of appointment letter?

2) what is basis of claim of rs 1.5 lakhs made by company ? 

3) Has detailed break up of amount claimed given by company ?

4) if company is terminating your services company has to pay 2 months salary as per the appointment letter 

5) if company issues legal notice for recovery of rs 1.5O lakhs contact a local lawyer and reply  to the notice
Ajay Sethi
Advocate, Mumbai
46891 Answers
2772 Consultations

5.0 on 5.0

1. What are the trems of your emplyment contract?

2. It is not important as to what normally companies. What is your employment contract is important here,

3. If you find that the Company is deducting more than what has been agreed upon by you while accepting their employment, then you can take up the matter with your local labour commissioner by filinga complaint case. 
Krishna Kishore Ganguly
Advocate, Kolkata
18818 Answers
454 Consultations

5.0 on 5.0

The company is entitled to claim anything and everything according to the terms of employment and/or offer letter and/or appointment letter. If any such claim is in contradiction to the above documents then you need not pay heed to their legal threats
Saptarshi Banerjee
Advocate, Kolkata
220 Answers
4 Consultations

4.5 on 5.0

1. Your leave was unauthorized.

2. The employer has the right to terminate you. 

3. On what basis do you say the employer can recover only 1.1 lacs from you? 

4. The employer  can seek damages from you for the loss it had to suffer on account of your leave. It can file a lawsuit to this end. If it goes to court you will end up spending much more than what has been demanded from you.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

1.Before termination of the employee, the employer has to serve notice and an inquiry has to be conducted and you should have given an opportunity to explain your point of contention.
2.If the company has terminated you unilaterally, complain about the company to the Labour Commissioner of the concerned jurisdiction.
3.As per the company's appointment order that in lieu of termination, the company is liable to set off your two months' salary.
4.If you are paying the amount to the employer, deduct two months' salary and then pay through cheque/DD only.
5.Let the employer take legal action and counter it by engaging a local advocate.
Shashidhar S. Sastry
Advocate, Bangalore
1655 Answers
109 Consultations

5.0 on 5.0

its depend on the terms and condition of appointment letter.

no need to worry, try to settle the matter amicably with them if they are not ready then fight the case on merit.
Nadeem Qureshi
Advocate, New Delhi
4880 Answers
226 Consultations

4.9 on 5.0

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