Arbitrary Salary Deduction by Employer: Can a company withhold your pay or deduct fines without inquiry?
STRICTLY ILLEGAL. Under the Payment of Wages Act 1936, employers cannot make deductions except those specifically authorized by statute (PF, ESI, Tax). Total deductions cannot exceed 50% of the salary, and arbitrary fines without written inquiry are void.
- • 1. Total deductions in any wage period cannot exceed 50% of earned wages (or 75% if cooperative dues are included).
- • 2. Fines can only be imposed with prior state labour authority approval and after giving an opportunity to show cause.
- • 3. Wages must be credited within 7 to 10 days of the end of the wage month without delay.
- 1. Email HR requesting the itemized pay slip and specific statutory justification for the deduction.
- 2. Cite: "Under Section 7 Payment of Wages Act, unauthorized wage deductions are punishable offenses."
- 3. If unpaid within 15 days, lodge a claim before the Authority under the Payment of Wages Act / Labour Court.
- 4. Claim delayed wages along with statutory compensation up to 10 times the deducted amount under Section 15.
Transgender Rights in Jobs & Housing: Can employers or landlords discriminate against transgender individuals?
STRICTLY PROHIBITED. Under the Transgender Persons (Protection of Rights) Act 2019 and the landmark NALSA judgment, any discrimination in employment, education, healthcare, or housing against a transgender person is a punishable offense.
- • 1. No establishment can deny employment, promotion, or terminate services based on gender identity.
- • 2. Every establishment must designate an Equal Opportunity Policy and appoint a Complaint Officer under Section 11.
- • 3. Forcing a transgender person to leave a house or denying rented accommodation is punishable under Section 18.
- 1. Apply for your Certificate of Identity through the National Portal for Transgender Persons (transgender.dosje.gov.in).
- 2. If denied employment or tenancy, file a written complaint before the establishment Complaint Officer.
- 3. Approach the District Magistrate (DM) who acts as the nodal grievance authority under Section 18.
- 4. File a writ petition before the High Court under Article 226 for enforcement of fundamental rights.
Can the state arbitrarily shut down mobile internet under Section 144 or during public exams?
NO! Under Supreme Court ruling in Anuradha Bhasin (2020), access to the internet is a fundamental right under Article 19(1)(a) & 19(1)(g). Indefinite or arbitrary suspensions without necessity and proportionality are unconstitutional.
- • 1. Fundamental Right to Internet: The Supreme Court held in Anuradha Bhasin v. Union of India (2020) that freedom of speech and the right to carry on trade/profession over the internet are constitutionally protected under Article 19(1)(a) and 19(1)(g).
- • 2. Strict Test of Proportionality: The State cannot shut down internet services as a routine administrative measure or to prevent exam cheating. It must be the least restrictive measure adopted only during genuine public safety emergencies.
- • 3. Mandatory Public Publication: All suspension orders issued under the Temporary Suspension of Telecom Services Rules, 2017 must be published openly in the public domain so citizens can judicially challenge them.
- • 4. 15-Day Maximum Duration: Under the Telecom Suspension (Amendment) Rules, 2020, no suspension order can extend beyond 15 calendar days at a time and must be reviewed within 5 working days by a statutory Review Committee.
- 1. Demand and inspect the official written notification issued by the competent Home Secretary under Telecom Suspension Rules, 2017.
- 2. Document disruptions to essential livelihoods, online education, medical emergencies, or UPI digital banking transactions.
- 3. Challenge arbitrary or prolonged internet shutdowns by filing an urgent Writ Petition under Article 226 in the High Court citing Anuradha Bhasin (2020).