Two offer letters
Anand
(Querist) 21 January 2015
This query is : Resolved
Organization Sends Two Offer Letters, 1st Of Higher Ctc And 2nd Of Lower Ctc. Candidate Submits Offer Letter Of Higher Ctc And Joins. Salry Processed At Higher Ctc For 6 Months And Then Suddenly Reporting Manger, His Higher Up And HR Head Invetes Candidate For Performance Review And Meeting And Asks That The Candidate Had Made A Fraud By Submitting Higher Ctc Offer Letter And Asks To Resign Immediately.
Your Comments Please.
Is candidate guilty?
If No, what are candidate's rights as employee
Sailesh Kumar Shah
(Expert) 21 January 2015
first state that why organization sent you 2 offer letter ?
Guest
(Expert) 21 January 2015
If you don't want to get involved in to the trap of the management, just ask the organisation, which out of the two offers be taken as valid for your consideration.
Kumar Doab
(Expert) 21 January 2015
The candidate has not committed any fraud.
The candidate should have recorded the meeting or drive the matter in such a matter that the discussion.meeting can be recorded (audio/visual/witnesses/minutes)...
Thereafter the candidate should submit the minutes under proper acknowledgment..
The wages/remuneration can not be reduced and company can not ask for refund.......
Demand of resignation is offence and can be termed deemed termination......
The candidate should preferably approach an able Labor Law Consultant/Service maters lawyer ASAP and proceed further under expert advise of the lawyer and build favorable written record and do not leave any room for these Managers to level any charge........
If at all candidate wants to resign he/she should submit notice of resignation under proper acknowledgment preferably by Redg. Post.....
Anand
(Querist) 22 January 2015
@shailesh kr. Shah, may be organisation wants to play this game in future when candidate is due for confirmation and bonus. May be after resigning of candidate under pressure the organisation will save the bonus, may be this bonus or part of it might be decided amongs higher ups.
Anand
(Querist) 22 January 2015
@PS Dhingra, dcgroup1962@gmail. Organisation will obviously ask to consider 2nd one which is of less CTC.
Anand
(Querist) 22 January 2015
@ Kumar Daob, candidate has already resigned after blaming for fraud and was pressurised that if he do not resign he will be terminated and he won't get job anywhere and cibil record will be updated accordingly. The resignation has been accepted immediately within 4-5 hours on mail. Does candidate can still have any rights? Can he fight?
Anand
(Querist) 22 January 2015
@ Shailesh kr shah, the two offer letters were mailed within one hour, one after another. Candidate mailed acceptance on mail to the 1st offer letter, but while accepting I doubt that there was no attachment, but matter of 1st n 2nd offer letter was different and it proves that acceptance was to 1st offer matter only. Ctc mentioned in attachment.
Anand
(Querist) 22 January 2015
@kumar Daob, can u suggest any labour law consultant / service matter lawyer in Kalyan west preferably or thane or Mumbai
Anand
(Querist) 22 January 2015
What was organisation doing for last 6 months? They should have processed salary with lower CTC from 1st month only if they think 2nd offer was right. And now when candidate is ready to return back amount also they pressurised for resignation and accepted within 4-5 hours. Does this not show that they targeting and trapped candidate since before joining from the day they sent offer letters 6-7 months back? Is this not a crime?.... To plan and act for trapping employee..... Under what sections candidate can sue individuals and/or organisation
Anand
(Querist) 22 January 2015
(Minutes of Performance Review and HR meeting with Reporting Manager, Sr. Superior, HR Head
HR head asked with extreme pressure that candidate was knowing about two offer letters and deliberately made fraud and has to pay difference amount now by DD and resign else he will be terminated and he won't get job anywhere and cibil will also updated accordingly.
Candidate tries to tell he doesn't remember as it is 6 months back incidence.
Sr. Superior asks candidate to accept it.
Reporting Manager guides candidate to write mail of resignation with immediate effect and handover of laptop, bag, charger, visiting cards and ID card.
Candidate literally leaves office crying.
Candidate asks his relatives n friends
Who guide that he should not have resigned. It is the employer who is responsible for excess payment and not the employee. Now he can take back resignation.
Candidate marks attendance for next 5 days n after that his login is locked.)
Experts'..... Comments please.....
Rajendra K Goyal
(Expert) 22 January 2015
Immediately search for another job. After resignation relief may not be favorable or the employer may again remove / terminate after once obeying legal favorable orders if got.
Guest
(Expert) 22 January 2015
If they ask you in writing to consider 2nd one which is of less CTC, they won't be able to play trick with you. Although, if a candidate opts for the higher ctc, they cannot be said to plau fraud, rather, the company's intention becomes clear to play fraud with the candidates, which if fought properly in the court of law can be proved by quoting all other instances. A single question in the court of law to the company why issuing two offer letters in all the cases, can start revelation of the fraudulent intention of the company against its employees.
R.K Nanda
(Expert) 22 January 2015
nothing to add.
Kumar Doab
(Expert) 22 January 2015
Regret can not suggest any lawyer at locations posted by you.
You have to find your lawyer on your own and settle your terms with your lawyer on your own.......
If you wish to search from LCI databank you can conduct search at:
http://www.lawyersclubindia.com/lawyers_search/#.VMC0XtKUcqM
From your post it is understood that resignation was demanded (and there is no proof with employee) and resignation was submitted by employee and resignation has been accepted by the company........and the no refund is demanded by the company.....
Your lawyer may opine that the wages paid by the employer can not be asked to be refunded.......
Anand
(Querist) 22 January 2015
@kumar Daob, but they might ask for recovery of notice period as the resignation was with immediate effect.
Anand
(Querist) 22 January 2015
Also is it not deemed termination as resignation was demanded and taken by threatening that candidate won't get jobs in sector, will put in cibil etc. How candidate can get justice for this forced resignation?
Guest
(Expert) 22 January 2015
How CIBIL comes in to the way of appointment on a job, when you say, "will put in cibil"?
I don't think you have any realistic problem abd what actually you want to ask from the experts. Further, when you have not accepted the offer to join any of the two posts, how you can presume that "they might ask for recovery of notice period as the resignation was with immediate effect?"
You are just wasting time by putting so many posts when you have so many assumptions and do not intend to join.
Come forward only when you fce any such problem after joining the post with the organisation. There is no use of making endless presumptions on your part.
Guest
(Expert) 22 January 2015
How CIBIL comes in to the way of appointment on a job, when you say, "will put in cibil"?
I don't think you have any realistic problem abd what actually you want to ask from the experts. Further, when you have not accepted the offer to join any of the two posts, how you can presume that "they might ask for recovery of notice period as the resignation was with immediate effect?"
You are just wasting time by putting so many posts when you have so many assumptions and do not intend to join.
Come forward only when you fce any such problem after joining the post with the organisation. There is no use of making endless presumptions on your part.
Kumar Doab
(Expert) 22 January 2015
You may respond to points raised by Sh.P.S.Dhingra.
Notice Period may not be applicable.....
The labor Law Consultant/Service matters lawyer that you consult in person can advise you further..
Anand
(Querist) 24 January 2015
@psdhingra ... HR head threatened me that if I do not resign he / organisation will put my name in defaulters in cibil
Guest
(Expert) 24 January 2015
Your piecemeal information is not relevant for any purposeful opinion. You have not yet stated that it is your problem. You are just making mention of some candidate. You have yet not stated, when did you join and after accepting which ctc. You have yet not stated in what way the reporting manager has linked your performance on six months review with acceptance of your offer of appointment. As such, everything seems to be hypothetical.
So, if you really have some problem, better consult some local lawyer showing your service related documents.
Anand
(Querist) 24 January 2015
My problem is they threatened me for resign. I had resigned, resignation accepted, I mailed again that I want to take back my resignation but they said your resignation is accepted and processed for full and final settlement.
I don't want to give exact dates n amounts in open forum. I joined 6.5 months back. Received salaries for 6 months as per higher CTC ....viz. 5.5 lacs per annum ....lower CTC offer was say....4.5 lacs per annum.
My reporting manager only called for performance review n HR meet..... But there was no discussion on performance..... Minutes I had pasted above.
Guest
(Expert) 24 January 2015
Until acceptance of resignation is conveyed, resignation cannot be considered as effective and that can be withdrawn. File writ petition in consultation with some local lawyer.
Anand
(Querist) 24 January 2015
Acceptance of resignation has been conveyed. Post that I had written for taking back resignation but they replied that it has been processed.
Please guide me on writ petition.... Exactly
Guest
(Expert) 24 January 2015
For writ petition, you will have to contact some local lawyer.
T. Kalaiselvan, Advocate
(Expert) 24 January 2015
The author is reluctant to take any advise here instead he keeps posting one be one hypothetical query. If at all the problem is real, he has to approach a local service law practicing lawyer and proceed as per his advise keeping the advises rendered here in mind for compatibility.
