Appointment letter
Sunny M
(Querist) 17 February 2014
This query is : Resolved
What if an employee has not accepted terms and conditions of an appointment letter and the detailed appointment letter was issued after the employee's joining? Can company force employee to sign/accept the same. If not, what sort of rights employee would have regarding probation, notice period, termination etc.
ajay sethi
(Expert) 17 February 2014
state facts of your case .you cant be forced to sign without your consent . if you are not agreeable wit the terms and conditions laid down resign
Sunny M
(Querist) 17 February 2014
Thank you for your prompt reply, appreciate it. The case here is that the offer was made (like a one page document mentioning only about compensation and a few benefits) but the detailed appointment letter was only handed over a month after joining. How is the employee expected to sign something which ideally should have been given before joining. If choose to resign, will be jobless and obviously the company won't have an impact. Can't this be legally raised?
BAALASUBRAMANNYAMM
(Expert) 17 February 2014
You have every right to reject/refuse the terms and conditions as mentioned in the Appointment Letter, if the company mentioned an un-reasonable or un-justifiable causes in the Appointment Letter.No company should have forcibly taking your acceptance on the said Appointment Letter. So now the decision is yours.
ajay sethi
(Expert) 17 February 2014
you have not mentioned what are the clauses in your appointment letter . these days most companies insist on 3 months notice . if you are not in position to serve the notice period it is at discretion of company and company can accept 3 months pay in lieu of notice .
Sunny M
(Querist) 17 February 2014
Its not only that Ajay, the company offered the compensation in USD which was accepted the same day by me, considering the day's exchange rate. They later converted the same by some internal annual benchmark of USD-INR and also added retirals (PF/Gratuity) into the fixed components. The initial offer did talk about bonus and the appointment letter doesn't mention anything about it and neither it was paid last year. I haven't accepted that until today. My employment was also put on probation, though I didn't accept that document as well as this was not discussed (before joining) that I'll be on a probation. The same behavior was displayed by the company while entrusting me the work which is absolutely not my domain with no additional resources. However, when it comes to the appraisal, they would only do it on the core areas and obviously, it is not humanly possible to do this much with the available resources. It has now come down to a level whereby the company is behaving absolutely like a dictator. It is not only impacting my work but now my health and my career as well. I just feel like going to the Cops or Labor Commissioner right away but do re-think and take advice before taking any action further coz end of the day, being the sole earner and a father of two - I need to act wisely and thoughtfully!
ajay sethi
(Expert) 17 February 2014
since no such offer was made in writing company wont be bound to pay you compensation in US dollars . since you are unhappy with the organisation search for another job . quit when you find better prospects . going to cops wont help .
Sunny M
(Querist) 17 February 2014
Thanks Ajay. It was on email though! I'm already searching for another job to be on safer side. Have gone through too much of unfairness and have the relevant evidences as well but unfortunately our the legal system is extremely slow to show results and hence employees end up exiting the organization and usually not left with spare time to really file legal cases & follow ups etc. But Thanks, your advice is practical and certainly in the benefit of mine!
ajay sethi
(Expert) 17 February 2014
emails are admissible in evidence . if they have made commitment by email you can in your communication with the company raise the issue .
anyhow thanks for your appreciation .
Rajendra K Goyal
(Expert) 17 February 2014
The Company may not allow to continue you without accepting their detailed appointment letter terms. In such circumstances searching for another job is the way left if the conditions of letter are not acceptable to you.
Sunny M
(Querist) 18 February 2014
Hi Rajendra, thanks for replying. I understand that the company may not allow but can't I file a complaint against the company? I know I have to choose between going all against the company or focus on my career. So far, this hasn't happened as I joined more than an year back and yet not accepted the detailed T&C! Will this not be constituted as cheating from company's side and why would they not consider this as they are extremely brand conscious. End of the day, I'm not wrong - I was lured with a USD CTC but given a different conversion and not too a complete one, was handed over the appointment letter almost after a month of joining etc. Sorry, my reply is a bit inconsistent but it's all out of annoyance/disturbance.
Kumar Doab
(Expert) 18 February 2014
First of all let us appreciate your resolve.
This is precisely what an employee should do. Employees like you and lawyers that can and shall address concerns like you are the need of the hour.
Let us add here that Employee’s United Forums, unions, is also need of the hour.
It is felt that you are looking at Torts and you may succeed too.
Since you were the most suitable candidate you were lured and absorbed and detailed appointment letter was issued much later, after you were relieved from previous venture and had no other option but to continue. This is loudly visible that this is pre planned to get the most suitable candidate and that too on company/employer’s terms although it is shown to the world that proper negotiations have taken place and T&C have been accepted.
Before you place your signature on appointment letter on the dotted line where it is already printed that “I accept …………………………………………” you may supply the required communications under proper acknowledgment pointing out the variances, defects, and amendments that are to be inserted in appointment letter…………………………..
It is neither misconduct nor rebellion………………….
Since it has been going on for quite some time it shall be appropriate to minute all discussions/representations…
You should certainly build evidence in your favor and for that you must spend quality time with your labor consultant/service lawyer, in person and show all docs and records starting from job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, HR policy, service rules applicable to you, standing orders (Certified/Model) applicable to the establishment and you……………………all conversations including emails……………………..
There is a possibility that your lawyer may build good case for you.
You may proceed after you are satisfied with merits.
Of course company may claim that appointment was accepted without order of appointment and salary/wages were paid and salary/wage slip was issued and accepted without any objection(s).
Sunny M
(Querist) 19 February 2014
Thanks Doab Kumar. Also, to Ajay & Bala to suggest, The company has gone through many issues in the past and have got itself involved in corrupt practices. My appointment letter is one issue and I have many other reasons to believe that I was lured in the company to handle a specific task and once the task is complete, they have started questioning my performance. That's where the whole appointment letter related discussion came into the picture as I started evaluating the legalities. It's not only limited to this but as I've mentioned it's also a fact that they don't want me in the system now as I'm privy to a lot of information. I want to do the right thing at all cost, I know it may cost me my employment but can I report these matters (related to anti-corruption, bribery etc) to any of the local authorities or ministry or EOW etc. Also, if I disclose this to company that I'm going to report these, will there be a risk against my employment? Also, can I seek cooperation from the company w.r.t any legal cost, time off to report these matters to respective authorities.
ajay sethi
(Expert) 19 February 2014
company may find an excuse to sack you if you squeal on the company . company will under no circumstances bear your legal expenses . wait for Whistle blower act to be passed by parliament
Sunny M
(Querist) 19 February 2014
Thanks Ajay, what if its a US company with Global operations (incl India)..?
ajay sethi
(Expert) 19 February 2014
well company will be in serious trouble in USA if it is involved in corrupt practices .if company is found guilty and penalised in USA you get a share of the amount paid by company .
dont take a hasty decision .
Rajendra K Goyal
(Expert) 19 February 2014
In the given situation, it is better not to take any hasty decision and search alternate better job.
ajay sethi
(Expert) 19 February 2014
i can understand your game plan now . you are aiming to hit the jackpot .
Sunny M
(Querist) 20 February 2014
No Ajay. I'm rather going by your and Rajendra's advice of taking decisions wisely here. Have had a discussion related to my exit and working on a severance. Is there a norm for severance calculation or it's just a pure negotiation? The company claims that if you don't accept the severance (3-4 months sal) with opportunity to resign, they will go the different route of termination. I have to get back to them with my decision and a long exit contract to sign.
Also taking this Opp to quote that you and LCI online concept is definitely helpful.
ajay sethi
(Expert) 20 February 2014
good . accept the severance package by company . part on amicable note with the company . thanks for your appreciation
