My girlfriend works full-time at a small child therapy center in Karnataka. There is no HR department; the organization is run directly by the owner and has around 10 employees.
Her monthly salary is ₹27,000. This month, ₹7,000 was deducted from her salary with the following breakdown: -
₹3,000 – "Late submission of reports" -
₹4,000 – "Phone repair" Regarding the report submission:
Her supervisor instructed her in writing (WhatsApp message) to submit her case reports on the 29th of the month instead of the 27th. She followed that instruction and submitted them on the 29th. Despite this, ₹3,000 was deducted for "late submission." Regarding the phone: She was using a work phone provided for work purposes. A child accidentally damaged the phone during the course of her work. The employer deducted ₹4,000 from her salary for the repair cost.
There was no formal inquiry, disciplinary hearing, or discussion before the deduction. As far as we know, there is no written policy stating that employees are personally liable for accidental damage caused by clients/children during work.
The salary statement explicitly shows:
Base salary: ₹27,000
Deductions: - ₹4,000 (phone repair) - ₹3,000 (late submission of reports)
My questions are:
1. Is it legal for an employer in Karnataka to deduct ₹3,000 for a report that was submitted on the date instructed by the supervisor?
2. Can an employer deduct ₹4,000 from salary because a child accidentally damaged a work phone?
3. Are employers required to follow any procedure before making such deductions?
4. Would this be something that can be taken to the Labour Department or Labour Commissioner? We have written proof of the supervisor instructing her to submit the reports on the 29th. Any advice would be appreciated.