• INR 30,000 hold by the company

Dear Sir,

Myself Gaurav Kholia from Gurgaon. I had worked in a travel agency in Gurgaon for 02 years (from 2012 to 2014).My job was to book the hotels for our corporate costumers.During my tenure there was excess workload ,which I handled alone without any support.There was some mistakes/errors by me in my work because of which company has to give some credit note to the corporate and in lieu company has charged that much amount (INR 30,000/-) from my salary.Initially, company has hold INR 20,000/- from the salary without intimating me and later on, it has released INR 10,000/- to me but deducted INR 10,000/- per month  in my next 02 month salary.There was operation manager and relationship manager above me which was also handling the corporate account and day to day work.But they were not fired.I had not got any appraisal and finally company has asked me to resign.I had all the documents  with me (print outs of those mails which exchanged between  us,salary slip copy ,resignation letter,.bookings data which was handled by me alone etc.).I had contacted HR of that company also,but they had also justified the act .

So my point here is-

Is it justifiable if  one way company load excess workload (equal to 02 person) to one employee  and takes profit.But if there is any error/mistake,than that person is held responsible for that alone without held responsible the account manager ,relationship manager and operation manager.

Is it justifiable to hold salary without intimating the employee.

Is it justifiable that in spite of giving assurance by operation manager and general manager that partial amount will be released,I had got nothing.

Is it justifiable that out of total cases ,in some of the cases there was no any loss to company (those bookings was made on  no profit /no loss basis) but even than company has hold the salary for those cases also saying that no profit is also a loss to company.

I am planning to file case against them in Lab our Court in Gurgaon. Pls advise me if it is right step.

Thanks & Regards
Gaurav Kholia
Asked 3 years ago in Labour from Gurgaon, Haryana

Send them a legal notice asking for arrears due i terms of withholding your money and the compensation for  a forced resignation. You should take legal step to file a case against the company for recovery of your arrears due. The company has been adapting unfair labour practice  curtailing the basic  rights of their employee. Every employee ,   who works to run his family or for his survival.
it is unfair to hold one person responsible when there was a contributory negligence which lead to a loss. Reprimanding the employee for  a mistake or loss and cautioning them is part of the managements job, however deduction or withhold of salary without prior intimation is something is a violation .
send them a legal notice demanding the arrears which was withheld and your compensation  of forced resignation. The company has forced to resign instead of terminating you to avoid any liability.
Thresiamma G. Mathew
Advocate, Mumbai
1510 Answers
134 Consultations

5.0 on 5.0

1) There's no doubt you have every right to approach the labour court to get your rightful dues.

2) It was wrong on the part of the company to withhold salary without prior intimation to you and you have been made a scapegoat of the entire fiasco.

3) The company has the right to hold you responsible only to the extent the actual losses incurred due to your oversight.

4) It is also incorrect on the part of the company not to have kept promise of releasing your salary.

5) Before you for a complaint in the labour court, go send a legal notice to the company demanding release of the amount due to you. Of the company falls to resolve the issue your step should be to approach the labour court for the resolution.
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

1. Was there any enquiry/investigation  to fix responsibility for the loss incurred by your Company?

2. Were you issued any charge sheet and given adequate scope to defend yourself against the charges?

3. If not then the said deduction is arbitrary,

4. Lodge a complaint case before the local labour commissioner claiming refund of your mopney with interest and damage.
Krishna Kishore Ganguly
Advocate, Kolkata
18157 Answers
438 Consultations

5.0 on 5.0

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