Redesigning appointment letter not acceptable to staff
denis
(Querist) 20 December 2017
This query is : Resolved
Dear Sir,
My company has redesigning the appointment letter . In that they reduce the CTC. Gratuity part not mentioned. They put many clause . In that mention if they terminated we wont get gratuity amount. Also they reduced the basic. because of this basic PF amount reduced. They reduced PL& SL earlier 45 total now only 21. PH earlier 16 now it is mention 10. If we do not signed this redesigning letter . Company given salary as per the new redesigning letter which is not signed employee . It applicable to us that redesigning appointment letter without our signing (Acceptable) . What action we can take against company.
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Kumar Doab
(Expert) 20 December 2017
Without explicit consent of employees IT should not apply to employees.
Are all employees united?
Is any unions involved?
The employees are located in which state/location?
Has revised salary been paid and accepted?
Kumar Doab
(Expert) 20 December 2017
Gratuity; Even if there is NO insertion in appointment letter; it shall be applicable if the Act applies to establishment.
Gratuity can only be forfeited in cases provided for in Payment of Gratuity Act,1972 ; 4(6)
https://indiankanoon.org/doc/1684401/
That too after due process of hearing, natural justice, inquiry and speaking order.
Mere termination does not necessarily led to forfeiture of Gratuity.
Kumar Doab
(Expert) 20 December 2017
PF; The EPFO may not agree with reduced contribution and employer may need to substantiate with reduction per consent with employees.
PL/SL cannot be lower than as provided for in applicable enactments e.g; Shops & Estbs Act.
The employees can approach O/o Labor Commissioner.
Kumar Doab
(Expert) 20 December 2017
The employees may also firm up their next venture ASAP and keep better options in their hands.
While you post don’t post the name of company etc to maintain the confidentiality.
denis
(Querist) 20 December 2017
without accepting redesigning appointment letter still we are working . is applicable new policy to us
Kumar Doab
(Expert) 20 December 2017
Generically speaking; NO.
Kumar Doab
(Expert) 20 December 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Is offer/appointment letter/contract of employment issued to you and does it narrate any such condition that such changes shall be applicble?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
