Cheating case against the employer.
Satyajit Sarkar
(Querist) 06 March 2016
This query is : Resolved
Dear Sir,
I have been an employee for 13 months in a company and resigned as per per the company rules after duly serving my notice period. At the time of my joining company issued me an offer letter with my annual CTC comprising as being shown in two parts as monthly take home salary after all deductions and annual incentive as payable during the year. I accepted the offer and joined the company and later on the company issues me the appointment letter with the same CTC structure as earlier shown in offer letter but with an additional one line mentioning annual incentive payable during the year end based on due performance appraisal being conducted. My question here is I did accept the job based on the offer letter issued with a condition that I accept the offer within three days and I accepted as this offer had protected my annual CTC as I was drawing in my earlier organisation but after I had accepted the offer and joined the company the company changes the terms of release of my annual incentive which is 10% of my total CTC.
I have raised this issue with HR during my service period and every time they mentioned this are released end of the year and I shall get it too. Now after my resignation the company is informing me that the annual incentive component will not be paid as this is conditional and based on my performance appraisal which did not happen hence I will be not eligible to receive the annual incentive component.
The second question is when an employee serves for 13 months in a company and his annual incentive is due after completion of twelve calendar months is it not the responsibility of the company to ensure the annual incentive or dues are cleared?
I had served my due notice period and in my resignation letter I had clearly mentioned about clearing my variable components(INCENTIVE PART) which the HR should have taken care of during my notice period but they did not even communicate anything with regard to the same.
I want to understand what are my legal options here, does this case has legal standing to sue and penalize the company for wrongful doing, misrepresentation, cheating and manipulation? The annual incentive component is important to me and I feel cheated hence I would like to fight this case legally now and not let the company forfeit my money which is rightfully mine and also not take employees for granted in future.
Please do advise me on how should I take this case forward. I have the records in terms of my offer letter, appointment letter, my resignation and other communication that are sufficient to serve as evidence to substantiate my case.
Looking forward to hear your expert advise on the subject matter.
Thanking you and regards,
Satyajit Sarkar
satyajit.grv@gmail.com
Advocate Kappil Cchandna
(Expert) 08 March 2016
Sir,
I told you earlier to send them a legal notice claiming your money, because in most of the cases where the evidence is strong the company settles the matter.
Warm Regards
Kapil Chandna Advocate
9899011450
Satyajit Sarkar
(Querist) 08 March 2016
Dear Mr.Chandna,
Thank you for your advise. I wanted to properly understand how strong does this appear legally to establish my case against the employer before I proceed with legal notice.
As you have suggested the legal notice is the first step to take this forward.
Thank you for your time.
Regards,
Satyajit
Kumar Doab
(Expert) 09 March 2016
It was also suggested that you may show all docs on record to an able counsel specializing in labor-service matters to examine from various angles and arrive at a considered opinion.
Thereafter you can submit a properly drafted, preferably by your able counsel,a final representation to appointing authority,MD.
Thereafter legal route can be pursued.
Satyajit Sarkar
(Querist) 09 March 2016
Dear Mr.Kumar,
Thank you for your advise, how do I identify able counsel to represent and assist me in my case. The fee rate charged by this counsel's also vary and there are no ways for people like me to determine or qualify able counsel.
Will you be able to help in the matter of identifying able counsel.
Warm regards,
Satyajit
Kumar Doab
(Expert) 10 March 2016
The fee does vary.
You shall have to settle it on your own.
The labor/service matters is altogether different field and in each city there are few counsels that specialize in it and they are well known.
You can inquire from labor court/CGIT, CAT,civil courts,HC,SC etc.
Your near and dear ones,employee's/trade union leaders etc can guide you.
You can also search thru 'Search Lawyer' option at LCI.
