Offer letter - payment after 12 months / termination
Querist :
Anonymous
(Querist) 02 May 2018
This query is : Resolved
I was working with Akraya Private LTD in Pune. I joined them as Director - Recruiting on the 17/5/2015.
The offer letter had details for my pay structure as below:
I willl be paid 22.5 lacs as base salary.
I will be 3.0 Lacs as bonus on completion of my year tenure
In the interim, I suffered an accident, and looking at my bad condition, tte owner offered me a loan amount of 2 lacs, which could be adjusted when I complete my year with his organization. I accepted it.
I was laid off on the 27/4/18. The payment structure as below:
Accounts department will process your “full and final” check as discussed.
Salary for the month of April till 27th.
Leave encashment – If any.
One month of ‘notice pay’.
Bonus pay of Rs. Two lakhs
Deduction of your loan of Rs. Two lakhs.
Please read above, and tell me if I'm eligible to get my annual tenure pay out of 3.0 lacs on the basis of Corporate Laws.
Ms.Usha Kapoor
(Expert) 09 May 2018
After issuing a Legal notice to the top Management and waiting for 15 days if you don't get response withi9nb notice period you file a civil suit for declaration to your post and Mandatory injunction commanding your top Management to pay salary, Bonus etc dues which attitude of the management smacks of their being arbitrary, hi9ghhnaded Maliciousness, bias,unreasonable,unconstitutional, unfair trade practice, VICTIMIZATION ETC.YOU CHALLENGE THE MANAGEMENT ATTITUDE IN NOT PAYING YOUR DUES ON THESE GROUNDS.COLLECT ALL THE EVIDENCE IN YOU'r favor WITH PROPER ACKNOWLEDGMENT.
Guest
(Expert) 09 May 2018
Ms Usha Kapoor seems to aim at ruining the chances of getting claims of the querist. The querist has asked for whether he would be eligible for certain claims or not, but she advises him to issue legal notice and then go ahead with filing a civil suit. A wonderful example of misleading of the querist by a fake expert. Not only that, she has used all the negative adjectives against the management, like arbitrariness, high handedness, maliciousness, bias, unconstitutional, unfair trade practice, victimization, etc., while the querist has not alleged that the management refused to pay his dues or he had any complaint about any such type of attitude on the part of management. RALLY A CASE OF EXAGGERATION OF THE ISSUES JUST TO MISLEAD THE QUERIST TO MAKE HIS SIMPLE CASE AS COMPLICATED TO A GREAT EXTENT.
Guest
(Expert) 09 May 2018
Dear Mr. Anonymous querist,
Question of eligibility or non eligibility could have arisen had the management made less payment than your expected claims. You have not indicated any such thing in your query. Even in that case, you were required to come forward with the amount of actual payments as compared to your own claims to get confirmation whether your claims were correct or the payment was correct.
Please be aware, corporate laws have nothing to do with the salary structure accepted by you as per the offer letter.
However, if you have some real problem to face, it would be better for you to discuss in detail with some local service laws expert by getting your offer letter examined in detail.
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