Mr. Joshi has given a valuable advice. Kindly follow it.
You should have declined to accept the appointment letter and join in writing by letter addressed to appointing authority, under acknowledgment, mentioning the exact reason i.e. wages offered during the process of selection/interview by Mr/Ms……..designation……..dept……..is not stated in appointment letter and company has stated less wages in appointment letter.
Thus you would have got an upper hand.
You could have expressed the same in your notice of resignation.
The approval if any is to be granted by your company which has appointed you and not the client as you are not an employee of client.
Now your company may chase you for notice pay, to serve entire notice period, and may claim abrupt termination by you has caused them loss and client is charging them etc…..and may become vindictive and post bad comments in your reference check, decline to accept resignation, issue experience/relieving letter, declare you absconding etc.. Company has appointment letter accepted by you in its custody and can chase you.
If you can drill sense into employer and your employer agrees to waive off the notice period and relieve you by paying the wages for the period you have worked this shall be the easiest and quickest solution. You may obtain a written communication from the company to this effect. Verbal statements are not on record and difficult to prove.
You shall need to apply exceptional levels of negotiation, reasoning, persuasion, persistence skills. Some of the promoters, managers, in the company are wary of lawsuits and may agree to an amicable solution.
If you decide to agitate you shall need to establish that company tricked you and burden of proving is on you. Your colleagues in office may not agree to be your witness.
It seems that you are still in training or probation period.
It is felt that notice period during training is not applicable and 3 months notice period during probation is unreasonable. You may look into SE Act applicable to your state.
SE Act Punjab: 23. Notice by employee. -- (1) No employee, who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer seven days previous notice or pay in lieu thereof.
(2) Where an employee contravenes the provisions of sub-section (1) his employer may forfeit his unpaid wages for a period not exceeding seven days.
SE Act Karnataka; 39. Notice of Dismissal: in case of service not less than one month; notice of one month or salary in lieu of notice.
SE Act Delhi: 30. Notice of Dismissal: (2) No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.
In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not.
Before initiating any action in haste kindly consult elders in the family, competent and experienced well wishers, lawyer/law firm and proceed under expert advice.
