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Mayank Rautela  |238 Answers  |Ask -

HR Expert - Answered on Jan 07, 2022

Mayank Rautela is the group chief human resources officer at Care Hospitals.
A management graduate from the Symbiosis Institute of Management Studies with a master's degree in labour laws from Pune University, Rautela has over 20 years of experience in general management, strategic human resources, global mergers and integrations and change management.... more
D Question by D on Jan 07, 2022Hindi

Dear Mayank, 
Greetings! I would like to keep our name and organisation confidential. 
Here is the issue. 
We hired a lady in 2020 July during the pandemic. We have given her an assignment. She was in that assignment for only four months before the client has asked her to be replaced as she wasn't concentrating on her work. 
In January 2021, she got married. She wanted leave for a couple of weeks and an advance of Rs 2 lakhs which we gave and which was subsequently deducted from her salary month on month.
She became pregnant and we gave her maternity leave also.
In the first week of December 2021, when we proposed her to an MNC, we came to know that she had joined this particular MNC in September 2020.
She is still on this MNC’s rolls and they are paying her salary. She also availed leave for her marriage and maternity from that organisation.
We are also paying her salary.
She is working with both these organisations full time. My company and I feel cheated. How do we address this? I want to recover the money paid to her as salary, is that a possibility? 


What the employee did is professionally, ethically and legally inappropriate.

You can contact the other employer and collectively file a legal case against this employee.


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Sir/Madam, My wife works in corporate school in Hyderabad where they have taken bond for 2 months notice . In addition they also with hold 2 months pay after joining. She has benn working for 10 years and after every increment they again withhold increment amount for 2 months. They took separate agreement for this withholding but did not share employee copy with her. I feel this is immoral, but want to know if this is legally right? Please.let.us know
Ans: I’m sorry to hear that your wife is facing this issue. Withholding pay and increments without the employee’s consent is not legal in India. As per the Payment of Wages Act, 1936, employers are required to pay wages to their employees on time and cannot withhold any part of the wages without the employee’s consent. Similarly, as per the Payment of Bonus Act, 1965, employers are required to pay bonuses to their employees on time and cannot withhold any part of the bonus.

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Madam, Thanks for your prompt reply. In the interest of the future and overall wellbeing of my family, I had provided several chances for rectifying her behaviour but to no avail. All false promises and cheating with impunity. She has also threatened by sons against disclosing the situation to me, all these years. She has taken mis-advantage of my tolerance, did not mend her ways and has shown a very bad example to my kids. Such irresponsible outright impune behaviour must not go unpunished (in the proper legal way)
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