1. #1
    Unregistered

    Can salary be deducted for resignated employee for not giving training to replacement?

    One of my co-employees has left after given a notice period of 3 months in which he promised company to provide work training to new joiner at the same profile but he did not fulfil that. Now the company is thinking upon deducting the dues which are with the company itself. Can the employer do the same?

  2. #2
    shivam Array
    Join Date
    Jul 2012
    Posts
    227

    Re: Can salary be deducted for resignated employee for not giving training to replacement?

    I would like to tell you, there are no such norms, that the employee have to give training to new joiner if his is serving complete notice period. Notice period is meant for the same, so that company have the time to heir new employee and can give him training before living of the current employee.But as you are telli that your co-employee have documented the fact that he will give training to new employee so company have the chance to deduct his salary as he did not complete his documented say, that's why it is said that think before you sign and do signature only after proper future viewing.

  3. #3
    Ashok Array
    Join Date
    Jul 2012
    Posts
    2,293

    Re: Can salary be deducted for resignated employee for not giving training to replacement?

    Quote Originally Posted by Unregistered View Post
    One of my co-employees has left after given a notice period of 3 months in which he promised company to provide work training to new joiner at the same profile but he did not fulfil that. Now the company is thinking upon deducting the dues which are with the company itself. Can the employer do the same?
    Dear Aspirant,

    Your thinking is not good.The out going employee is not responsible to give training to the new comers.It is up to the wishfulness of the employee as to train the new comers or not.If the employee does not train the new comers,the amount should not be deducted from his accounts to be settled after the resignation,because the employee was not given any direction in writing by the management with the condition to deduct any amount if the employee does not train the newcomers.

    In such case if any amount is deducted,the matter may be under judiciary for hearing that may be a negative in the parts of the management.

    So it is not advisable to create unnecessary problem.The new comers will learn the day to day works with the help of another working seniors.

    Thanks & good luck.

  4. #4
    manojbadoniya Array
    Join Date
    Jan 2013
    Posts
    802

    Re: Can salary be deducted for resignated employee for not giving training to replacement?

    No Employee has no right or authority to do like that because when he were promised with the company about training to another one which would be appointed for that same post then he will have to complete this promise otherwise it may affect his personal life because your company has enough right to file a complain against that employee and your company can take him in the court which would not be fair for that person that is why he will have to provide complete training and all the tactics of work in your company on the same profile otherwise he may also go to the jail but your company also should have enough proof of the promise of that person and in case of not have enough proof then your company may not do anything against that person

    If your company authorities are thinking about deduction dues of that person then your company is absolutely right because when he did not complete his promise then how your company will accept this major problem and how your company authorities will provide the training to the new employee on the same profile that is why your company is also right and let your company deduct the dues

    All the best

  5. #5
    Sydzee Array
    Join Date
    Mar 2013
    Posts
    163

    Re: Can salary be deducted for resignated employee for not giving training to replacement?

    Dear Friend
    Yes the company can do that, but there are some other things need to be considered first.
    Firstly is there any section or clause in his appointment letter or the company standing order or service rules, which deals with providing training to replacement? If there is then your co-employee should have fulfilled it.
    Secondly did your co-employee complete 3 months or notice period? And had they appointed the new replacement within this period? If so your co-employee should have trained him. If they had not appointed the replacement during the notice period it is the mistake of the company and they cannot deduct the amount for that.
    On the other hand, there is no legal piece of enactment which says that the employee has to provide training to the new replacements. It only says that the concerned employee has to finish the notice period and the final settlement has to be settle accordingly.
    What i suggest is you as your co-employee to speak to your HR about it and get the matter resolved.
    Good luck....

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