Job offer letter of one lac per month but giving only fifty thousand salary
Querist :
Anonymous
(Querist) 12 August 2011
This query is : Resolved
I recently joined a co and got joining letter with signature of director stating salary + incenetives + profit share but in 8-10 days it was found the director is cheating me. profit share and incentives can not be given as the unit was huge lossmaking. so I resigned in 16 days of job by giving in writing and email also as they will reluctant to give receipt of resignation.
Now they are not willing to pay salary and just willing to pay ten fifteen thousand as full and final settlement of accounts.
my question : can i lodge a cheating case of 420 against the director and HR head .?
SInce director is BIG VIP will police lodge FIR ?
what else action can be taken as i was tortured much as well as i am not bothered of getting ten fifiteen thousand when salary was due more than fifty thousand?
advice suggest as the co is too big..turnover of approx 10,000 crores.
mahendrakumar
(Expert) 13 August 2011
since director is BIG VIP will police lodge FIR"" difficult to answer this question considering the indian realities.
with regards to the "profit sharing offer" nothing is wrong,since the company is not making any profit.
if things are not settled amicably,sent a legal notice.
Querist :
Anonymous
(Querist) 13 August 2011
police can take action against director ??...even if they go once in office ....it will be nice but but co's other units are making huge profits and profits are taken out by self chqs in huge amnt.
my unit is poor show.
is it possible to book direcot and HR head under 420 ?
Raj Kumar Makkad
(Expert) 13 August 2011
Law has big hands and if it is implemented honestly then many BIGS hve to stay permanently in TIHAR.
R.Ramachandran
(Expert) 13 August 2011
Dear Anonymous,
Though it is not proper for any advocate worth his salt to disbelieve anybody at the first instance, in your case I would like to take your story with a pinch of salt.
You say that you resigned within 16 days of job.
Then where is the 50000 salary paid to you against Rs. 1 lakh promised, which you are talking about?
Whether you get incentive + bonus etc., is quite another thing.
First tell how your title of 1 lac offer and Rs. 50000 payment match. You did not even work for 17 days leave alone a full month - but before that you come to the above conclusion.
Querist :
Anonymous
(Querist) 13 August 2011
1 lac salary a month means they must pay me around 50 k (of around half a month of working tenure) but they are willing to pay only 10-15 k ...against 50 k approx.
They did not provide me managar's cabin nor table or place in those days. i had emailed director twice in that period.
Since they gave me profit sharing offer of 60-70 units later on they reduced to 10 ...so i was not ready ..so i resigned so they do not want to pay my salry
Advocate. Arunagiri
(Expert) 13 August 2011
You have worked for the company just for 16 days. It seems you have acumen and expert in business, that is why they have invited you to join as working partner.
You can look for a different opportunity, instead of fighting with them. Because your loss is 16 days only.
Your litigation with them will be noted by other prospective employers and you may loose the chance. Be practical and take my advice.
Querist :
Anonymous
(Querist) 13 August 2011
they felt resignation is their insult ... i felt they are insulting me by not providing table in spite of so much salry ....it is all incidence took place this co has so much cruelaty with all workers and staff... they used to give temp appointment letter signed with everymonth's pay ...it is not given to any of employees ....NO LTA, NO leave NO CL NO one month leave NO medical NO PF still a BSE and NSE listed co.....having more than 15 k staff at one place and no of factories running like this
Advocate. Arunagiri
(Expert) 14 August 2011
You can complain every thing to the labour Commissioner. They will take care of the mandatory amenities to be provided to the staff members.
But, as for as your grievance is concerned "see my previous reply"
Nagesh Rudrakanthwar
(Expert) 14 August 2011
As far as yor case is concer. legal proceeding is base less. as it is clearly mention in your joining letter with signature of director stating salary + incenetives + profit . as your unit is making huge losses while other units are making profit from this statement its seems that the company not submitting the consolidated balance sheet to the concerned authorities. if the company could maintain consolidated accounts & after setting loss against the profit of other unit, company left with the profit then & then only you can claim for profit.
