Bad practice in hiring and salary

Querist : Anonymous (Querist) 28 February 2010 This query is : Resolved
I have joined a software pvt company in chennai in Aug 2008

I have three questions.

1) My company has backtracked from the offer letter uni-laterally and forced me to sign on a appointment letter (40 days after joining the company)

2) They are now refusing to pay me proper CTC & when I protested that they have asked me to leave with notice / notice pay

3) They are not paying me PF inspite having a staff strength of more than 20 permanent employees

what is the solution and whom do i approach for a solution

Suresh

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Raj Kumar Makkad (Expert) 28 February 2010
You can insist to follow the offer letter by way of issuing a legal notice through your counsel and on failure can file a civil suit.

R.R. KRISHNAA (Expert) 28 February 2010
I don't agree with the opinion of Mr.raj.

Once you have signed the appointment letter which was different from the offer letter, the appointment letter will prevail over the offer letter. Hence you shall be governed only by the rules of appointment letter (to which you have signed and agreed).

Hence if there is anything that is done by the company contrary to the appointment letter, then you can send a legal notice or take legal action.

Sarvesh Kumar Sharma Advocate (Expert) 28 February 2010
send dm arbitetrory notice @ after dis go 2 d high court& knock d door.

Parveen Kr. Aggarwal (Expert) 28 February 2010
Mr. Krishnaa has rightly advised that you are bound by the terms of the appointment letter and cannot wriggle out of the same as appointment letter prevails. However, if your dues are illegally withheld either in violation of the appointment letter or in breach of any statutory provision, you may enforce your legal rights.

Querist : Anonymous (Querist) 01 March 2010
Hello everyone

I have enough documentation ( in form of e mails ) to prove that it was unilateral in nature & that I was coerced in this exercise. Once I joined the company it took them near 40 days to give me the company appointment letter, by this time I had completely dissociated with my ex-employer.

It was kind of black mail situation in this case.

Can any one help me in this matter in providing legal counsel

Suresh

Querist : Anonymous (Querist) 01 March 2010
Mr Parveen

Will you help me in defining what do you mean by illegally withheld or breach in statutory provisions.

1) Can they hold back my salary !
2) What if they refuse to pay me the for the notice period
3) IS PF not mandatory if the staff strength is more than 20 permanent employees.

Thanks for your active support

Suresh

Parveen Kr. Aggarwal (Expert) 01 March 2010
1. No. They cannot withhold your salary.

2. You are bound by the appointment letter. So you will have to pay for the notice period.

3. Yes.

Querist : Anonymous (Querist) 01 March 2010
Hi Praveen

Thanks for the note

1) Point one understood
2) Since they have served me notice , they have to pay me for the notice period ... Is it not
3) In my case , my company does not pay the PF at all ... What do I do ?

Suresh

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