Legal Question in Employment Law in India

My private limited company has not provided the appointment letter to any employee in our batch and the new batch of employees who joined after us. They have only provided the letter of intent which only states about the salary part. Inspite of repeatedly asking for the appointment letter ,they have not provided the appointment letter yet. Now this month is my third month in the company since I have joined.

Last month, I fell sick and went to hospital for check up and x ray report came of spondolysis at my backbone waist. I informed my supervisor on same day that i could not be able to attend office for 2 days (Friday and Saturday) due to severe pain at my waist. After 2 days(on Monday), I submitted my doctor's report to my supervisor but my supervisor has not informed me about my attendance and marked me Unpaid Leave and deducted more than Rs 3000( 2 days as unpaid leave) from my Rs 16000 (Rs 14000 as basic + Rs 1000 food allowance+ Rs 1000 for attendance allowance) salary.

My question:- Is this legal from company end to deduct Rs 3000 from salary for 2 days without informing me and without providing any Appointment Letter which usually contains all information about company's rules and regulations.

If it is legal-then plz tell me how?

If it is NO-then please tell me how I can proceed further legally against the company's such decision and deduction.


Asked on 5/26/16, 10:05 am

2 Answers from Attorneys
Dr Katta Venkata Rama Krishna Drkattavrk

It depends upon the company policy and T& C of employment.

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Answered on 5/26/16, 10:17 am
Fca Prashant Chavan Expert Edge LLP

26.05.2016

Dear Sir / Madam,

Legally addressing such a basic issue is not advisable and not recommended. You should politely inform the HR to waive the medical leave recovery since you have provided a Doctor's Certificate, and should the Company disagree to waiver, inform the HR that your 2 days unpaid leave if you are still on probation,works out to Rs, 933.33ps (Rs. 14,000 / 30 * 2) and not Rs. 3,000/- in any case and to adjust and pay you the difference in the current month's salary.

Regards,

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Answered on 5/26/16, 11:05 am


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