Breach of employment contract

Querist : Anonymous (Querist) 05 August 2011 This query is : Resolved
I joined a 100% subsidiary of a PSU. During the appointment I was issued an appointment letter which stated the terms -
1.Your total annual Cost to Company (CTC) will be Rs. 14.00 lacs (Rupees Fourteen Lacs only) p.a. The compensation as mentioned above shall be inclusive of all perquisites benefits and allowances etc. Income Tax or any other statutory deductions will be made at source.
2. The Company is in the process of framing its HR/Compensation policies. Subsequent to that, yours salary may be split into basic and other allowance / perquisites without any reduction in gross salary. The said appointment shall be governed by the Service Rules and conditions being framed or may subsequently applicable in the company from time to time.

The HR policy which came up have changes the terms of payment which had led to reduction of the salary. The salary has been held up for not acknowledgement of the HR policy.
In the mean time I have resigned from the organisation before the release of HR Policy.

The resignation requires a notice period of 3 months, which i have requested to reduce and I have agreed to providwe severance pay in lieu of balance notice period.

How, can I get my release from this employer without any legal complications?

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ajay sethi (Expert) 05 August 2011
1)if company agrees to severance pay in lieu of balance notice period you will get release from employer .

2)in the event company insists that you serve the notice period then you will be bound to do so . discretion is of the management

Querist : Anonymous (Querist) 05 August 2011
What about the breach on the part of employer for reduction in salary and the salary being held up for not acknowledging the HR Policy?

ajay sethi (Expert) 05 August 2011
you were promised pay packet of 14 lakhs per month. since employer fialed to honour its commitment and failed to make payment you cna issue legal notice to employer for recovery of balance outstanding amounts due and paybale to you .

but if you want an amicable settlement with employer inorder to avoid legal complications you will have to choose whether you want to agitate or want a peaceful exit

Querist : Anonymous (Querist) 05 August 2011
If the employer does not pay my dues and neither do they agree for an early release, and I walk out leaving a letter of displeasure to the Chairman of the Organisation, what can be the legal implications?

ajay sethi (Expert) 05 August 2011
never ruin your relations with organisation you work for . dont leave any letter of displeasure .just request for early settlement of your dues

K.S.Srinivas (Expert) 05 August 2011
If you are not happy with the service conditions /HR policy of the company, it is suggested to settle the issue amicably and leave the company peacefully.

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