If such kind of provision in your appointment term than no difference when leave taken. PIL not maintainable agasint private companies. Approch labor court for your individual relief. Penalty is illegal.
1x3 Leave penalty during notice period
Hi, I resigned from an IT Company from Noida in December 2019 and was ready to serve the complete 3 months' notice as per employment terms. I took around 9 days leave during my notice period due to some family urgency. After serving one month's notice the company asked me to leave early without serving the complete notice. Now in FnF they are deduction the 9 days leave as 9x3=27 leave penalty. And, this way I am getting ZERO salary. Also, they are not ready to pay the 2 months compensation for my notice period. There is no mention in my employment term that for a leave it will be 1x3 days penalty. My Questions are the following: 1. Is it legal to deduct such penalties during the notice period? 2. Is there a way I should file PIL for such issues as many companies follow, there own rules and never mention/discuss such policies during job offer. But while exit they force everything all kind of known/unknown policies.
Asked 6 years ago in Labour
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9 Answers
No it's illegal. You can complaint to labour commissioner office or file a case in labour court after sending them a notice
1. If there were no such conditions imposed in your employment offer letter then the introduction of this drastic clause by the employer is illegal and invalid when taken up before a court of law.
Hence you may issue a legal notice demanding the dues to be paid by the employer on your resignation/quitting the job legally.
2. You can file a writ petition before high court seeking relief on this, if the employer is not responding or complying with the demands made in the legal notice
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
1. No, it is not legal
- Issue a legal notice , and thereby ask for refund compensation.
2. A PIL can be filed against the Central government, State governments, municipal corporations and any other authority that comes within the purview of a 'state' as defined under Article 12 of the Indian Constitution
- Hence, you can file Writ before the High Court.
The deduction is illegal unless it has been specified in the contract.
The contract of such companies should be challenged and specific relief should be prayed for to the courts.
A case in the labour court should be filed.
Dear querist,
No, it is not legal to deduct salary on such basis unless there is any agreement to that effect. This can be stopped but PIL will not suffice the requirement you want. The best option available with you is to first slap them a legal notice and give them 15 days time to pay you the amount. If not done, we will be filing a consumer complaint asking for the amount as well as the interest on the amount.
You can contact me for sending them a legal notice and filing complaint on your behalf.
Regards,
Yuganshu sharma
Advocate
You can proceed to file a complaint against your employer company in Labour Court with the help of an employment lawyer in India. A complaint before the labour court can be filed as per Section 33(C) of the Industrial Disputes Act.
You have to file money suit in this regard in the court as the amount deducted for 9 days absence is only to be deducted for 9 days only it cannot be deducted in such a way that it is directed and penalty cannot be imposed in case you have already agreed that you have to be relieved early without serving complete 3 month notice then it is team that you have surrendered your two months salary with the employer however you are entitled to get 21 days salary which you have already worked
1. No it is not legal to deduct such penalty for leave during notice period.
2. Yes you can file PIL regarding this matter to stop companies from makinv such rules.
3. You cn file suit against your previous employer for claiming all the due salary they are liable to pay you along with compensation for harassment and agony suffered due to this leave deduction.
