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Java (Tech Lead)     15 March 2014

Got appointment letter after joining of 3 months

Hi Sir,

I have cleared an interview with a company 3 months back. Prior to releasing my offer letter they have asked me to sent an email with the below content 

“I________( full legal name) residing at _______having my National ID as (  either the passport number or the PAN card #) have reviewed the requirement that was discussed with me by XYZ company. After careful consideration, I express my sincere desire to be considered for this opening and be positioned by them at their client location upon selection. I fully understand that XYZ Company  have invested considerable time, money and effort in developing business with their client/s. Any move on my part to approach the client either directly or indirectly for business may result into substantial financial implications for XYZ company. I fully agree to abide by their precondition  for me not to approach their client/s  directly or indirectly for a duration of 12 months from their introducing me to their client/s, failing which I will be fully responsible for the financial loss sustained by them for breach of trust and undertake to fully compensate them for such losses.”

I sent the above confirmation through email. Then they sent the offer letter through email. I joined in the client place on mentioned date. I have asked my parent company for the appointment letter on the joining date. They told that they will sent the hard copy with in a week.

Since last 3 months I am working in the client place , but i have not received the appointment letter upto yesterday. Today I got an appointment letter from my Parent company. I got shocked on seeing the appointment letter they have added more rules and regulations which is not in the offer letter or they shared earlier. The parent company providing very less PF amount which not even 1% of my salary.(Only Employee contribution - deducted from my end only)

My client is happy with my work and they want me to convert into their pay role. But my Parent company is not allowing me by showing the above mail content which i shared with them.

Please help me to handle the above situation.

By sending the appointment letter after 3 months they are forcing me to accept whatever they say.

My Questions are :

1. If I proceed / directly work with my client My parent company can take any legal action by showing the email which I sent to them.

2. Should I sign in the Appointment letter which provided after 3 months with lot of differences from my offer letter ( Still I havent signed on the appointment letter).

They did the same for other employees also. Now we are 5 people stuck with this problem.

Please do the needful.



Learning

 5 Replies

Srinivas D. Pattadakall (Manager)     15 March 2014

Dear Java,

 

>>> It is a first mistake from your end without having a appointment letter how you joined?

 


1. If I proceed / directly work with my client My parent company can take any legal action by showing the email which I sent to them.


>>> It seems yes they may take.



2. Should I sign in the Appointment letter which provided after 3 months with lot of differences from my offer letter ( Still I haven't signed on the appointment letter).


>>> NO, Once again discuss with your HR regarding the things what they have mentioned, until you agree you don't sign the appointment letter.
 

Srinivas D. Pattadakall (Manager)     15 March 2014

Dear Java,

 

The parent company providing very less PF amount which not even 1% of my salary.(Only Employee contribution - deducted from my end only)

 

>>> PF is on Basic + DA @ 12%, it is not on your gross salary.

Java (Tech Lead)     15 March 2014

Sir ,

I sent the above confrimation through email, which is not hardcopy signed by me.. Still could they take legal action ?

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     15 March 2014

DEAR MR. JAVA

                            THE FIRST MISTAKE YOU HAVE COMMITTED IS BY SENDING AN EMAIL GIVING YOUR CONSENT WHICH WAS          " ORAL ONLY " ACCEPTING TO THE TERMS IS NOT EXPECTED OF FROM A PERSON WHO IS EDUCATED LIKE YOU .  SOME UNEDUCATED PERSONS MAY DO . BUT EVEN THEN , THEY ARE MORE CAREFUL AS FAR AS MONEY IS CONCERNED . THE SECOND MISTAKE IS JOINING THE COMPANY WITHOUT KNOWING THE TERMS ANS CONDITIONS AND THE SALARY AND PERKS ETC IS LIKE GOING IN TO THE TRAP WITH FULL KNOWLEDGE . 

                     NOW THAT YOU HAVE NOT SIGNED THE APPOINTMENT LETTER ACCEPTING TO THE TERMS AND CONDITIONS OF THE COMPANY . IF YOU HAVE BEEN PAID SALARY FOR THE 3 MONTHS , THEN IT IS GOOD . NOW YOU KNOW VERY WELL THAT THE PARENT COMPANY IS NOT KEEPING UP ITS WORDS . THERE ARE MANY COMPANIES THAT DEDUCT PROVIDENT FUND CONTRIBUTION FROM THE EMPLOYEES , BUT THEY DON'T REMIT YOUR AMOUNT AS WELL AS THEIR CONTRIBUTION TO THE GOVERNMENT ACCOUNT . MANY EMPLOYEES , WHY NOT EVEN THE PRIVATE BANKS DEDUCT PF FROM THE EMPLOYEE BUT DON'T REMIT THAT TO THE GOVERNMENT ACCOUNT . I DON'T WANT TO NAME THOSE BANKS HERE . THEY ARE BIG ONES WHICH EVERYBODY KNOW. IF THE EMPLOYEE GOES TO THE GOVERNMENT PF OFFICE AND ASKS FOR THE TOTAL AMOUNT IN THEIR ACCOUNT , THEY GET THE REPLY THAT NO SUCH ACCOUNT EXISTS . 

   SO WHY DO YOU WANT TO TAKE RISKS AT THIS AGE ITSELF AND SPOIL YOUR FUTURE . EVEN IF THEY HAVE NOT PAID SALARY FOR THE 3 MONTHS THAT YOU HAVE WORKED, YOU DON'T BOTHER. YOU GIVE A RESIGNATION LETTER GIVING SOME REASONS AND LEAVE THAT COMPANY . BUT DON'T MENTION THE EXACT REASON WHY YOU ARE LEAVING THAT COMPANY . THEY WILL SEE TO IT THAT YOU DON'T GET ANY JOB  IN YOUR PLACE WHERE YOU ARE RESIDING AND MAKE YOU TO JOIN THAT COMPANY ITSELF WITH A LESSER SALARY LATER ON. THERE ARE LOT OF COMPANIES NOW A DAYS . TRY FOR A GOOD JOB IN SOME OTHER COMPANY AFTER A MONTH OF YOUR RESIGNING FROM THIS JOB . THIS IS MY ADVICE TO YOU - JOSEPH WILFRED - 15/03/2014 AT 21.30 HRS.  

T. Kalaiselvan, Advocate (Advocate)     15 March 2014

Do not sign the appointment letter in a hurry. Point out the varying differences between the offer letter and the appointment letter to the HR/management, if they do not reconcile with the original terms, you may opt out the company by stating the same reason that they did not comply with the original conditions, you are not to inclined to accept the appointment with newly added terms and conditions, hence you are tendering your resignation. By resigning you do not lose anything, infact you should feel relieved to come out of the well knit trap.


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