Pay scale dispute

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This query is : Resolved

eshwar (Querist)

02 June 2012 one of my friend joined a firm of chartered accountants in july,2011 at that time the employer was offering Rs.10000 p.m. and employee(friend) Rs.15000.when he joined in, he got his salary @rs.15000 and from then on he got Rs.15000 till date.Now employer says he approved only 10000/- and wants to recover the excess paid earlier can he do so? he contends we paid employee by mistake @15000/-
Employer is a private enterprise.
employer wants to reduce the salary to 10000 and recover the excess paid earlier.
can he do so?

Ki$hor B

Ki$hor B (Expert)

02 June 2012 how much CTC is mentioned on the offer/appointment letter matters.

If 10k is mentioned, then the employer is correct in all respects.

Any excess or shortfall made to an employee can be adjusted from the future payments. Unwritten rule followed by employers.

Had the appointment been made without any written letter handed out, then one has absolutely no option against the employer.

eshwar

eshwar (Querist)

02 June 2012 there is no written record everything is verbal.
for 10 months the employer paid salary in cheque(3 months) and ecs(7 months).
can employer force employee to pay up the excess paid?
the employer wants to reduce it the salary to 10000?
is there any legal way, employer can recover the excess paid?

Ki$hor B

Ki$hor B (Expert)

04 June 2012 Employer has the upper hand, he could say that excess salary was made and we've asked for a refund/adjustment now.

I don't have much legal experience, better to consult a experienced lawyer.

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