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Section 38
Non-Deduction of Wages
: (1) Deduction of wages received by workers shall not be allowed except in the following cases:
(a) Any tax, fee,
levied in accordance with law (b) the amount of contribution due to provident fund or insurance or any other social security contribution,
(c) the amount to be deducted in accordance with the order or decision of any judicial or quasi-judicial body or arbitral tribunal,
(d) The amount as specified for the specified services or facilities provided by the employer to the workers,
(e) Amount of remuneration for time absent from work,
(f) In case of malicious or negligent loss or loss of cash or goods of the employer, such cash or goods as mentioned in the book or in the case of production value, an amount equal to the production value,
(g) Amounts specified in the collective agreement to be deducted from wages,
(h) Membership Fees Charged by TED Union,
(i) The amount of compensation or advance provided by the employer to the worker.
(2) When deducting the amount in accordance with clauses (c), (d), (e), (f), (g), (h) or (j) of sub-section (1), clauses (a) and (b) of the same sub-section The amount mentioned in shall be deducted from the remaining monthly salary.
(3) The amount to be deducted according to sub-section (2), the extent, manner and other related arrangements shall be as prescribed.
(4) If a worker dies without deducting the amount to be deducted according to this section or if he ceases to be in service for any reason, such amount can be deducted from any amount he gets.
(5) Even when deducting the amount according to sub-section (4), if the amount to be deducted cannot be recovered, the employer shall give fifteen days' notice to the rightful owner according to the law of taking his property if such worker has died.
(6) If the amount is not deposited even within the deadline as per sub-section (5), the employer may file an application before the court for recovery of the amount within thirty-five days from the date of exceeding the deadline.
(a) Any tax, fee,
levied in accordance with law (b) the amount of contribution due to provident fund or insurance or any other social security contribution,
(c) the amount to be deducted in accordance with the order or decision of any judicial or quasi-judicial body or arbitral tribunal,
(d) The amount as specified for the specified services or facilities provided by the employer to the workers,
(e) Amount of remuneration for time absent from work,
(f) In case of malicious or negligent loss or loss of cash or goods of the employer, such cash or goods as mentioned in the book or in the case of production value, an amount equal to the production value,
(g) Amounts specified in the collective agreement to be deducted from wages,
(h) Membership Fees Charged by TED Union,
(i) The amount of compensation or advance provided by the employer to the worker.
(2) When deducting the amount in accordance with clauses (c), (d), (e), (f), (g), (h) or (j) of sub-section (1), clauses (a) and (b) of the same sub-section The amount mentioned in shall be deducted from the remaining monthly salary.
(3) The amount to be deducted according to sub-section (2), the extent, manner and other related arrangements shall be as prescribed.
(4) If a worker dies without deducting the amount to be deducted according to this section or if he ceases to be in service for any reason, such amount can be deducted from any amount he gets.
(5) Even when deducting the amount according to sub-section (4), if the amount to be deducted cannot be recovered, the employer shall give fifteen days' notice to the rightful owner according to the law of taking his property if such worker has died.
(6) If the amount is not deposited even within the deadline as per sub-section (5), the employer may file an application before the court for recovery of the amount within thirty-five days from the date of exceeding the deadline.