Madhu.T.K
Industrial Relations And Labour Laws
Rajanassociates
Legal Counsel
Rajsawster
Hr Specialist - Policy,compehsation &
Malikjs
Gm (hr)
PVQ
Human Capital Development Specialist
Saravanarajan
Compliance Officer
Valegoankar
Manager Operations & Hr
+3 Others

Dear All, one of my frnd has joined in a company through consultancy. At the time of joining they agreed to pay 10k as gross and the same was confirmed by the consultancy people and the company had paid one month salary i.e 10k to consultancy. But my frnd is not getting the same amount. they are paying less than that. And it's already one 1 yr of service completed with that company. When ever asked about the salary they said it will be done in this month, but not yet revised her salary. another thing they didn't gave her appointment letter too. only offer letter is there but in that they didn't mentioned about the salary. Pls suggest whether we can take any action againt the company or the consultancy. if so who to proceed, what are the requirements we should have. Pls give your valuable suggestions in this regard at the earliest. with Regards.
From India, Hyderabad
Dear It all depends on the Agreement you signed,any way send a detailed mail narrating your plight and request them to put you on direct rolls & require for transparency,if not complied with you can then go for specialist local legal consultation. With Regards E-mail :
From India, Bangalore
I presume this as a situation that the employee is not on rolls of the company and as such he/ she is not signing the muster rolls of the organisation where he/ she is working. If there exists a specific understanding with the HR consultants who engaged the employee, the matter can be referred to the consultants only but at the same time if the company itself has issued an offer letter, then the company is responsible for paying the salary agreed. In this case, the offer letter doesnot show any thing about salary. In legal point of view such offers are voidable because an offer (the basic element for any contract) should state for what consideration (here in this case the salary which is paid in retun for the servieces the company gets) an employee is being hired and in the absence of it the contract becomes revocable. But the company can defend by saying that there was verbal understanding that this much of remuneration would be paid and the employee can not counter it because before joining he is supposed to get convinced about the real factors, the salary that he gets every month. Since the offer letter is silent in respect of salary terms, you cannot prove in courts that you were offered Rs 10000 and even if you go against the company, you will be spoiling your good time in court. At the same time, as the offer which is incomplete by itself not specifying the salary, you can leave the organisation treating the offer revoked. Regards, Madhu.T.K
From India, Kannur
Dear Mr. Madhu, Let me express this if you dont mind, first of all the employee has to have a strong proof of employment in the organisation in any form as the orgn may even refuse of her working with them if the employee legally prceeds (verbal evidences count less than the documentary evidences) 1. Appointment order / Offer Letter / Confirmation Letter 2. Company issued Id card / Attendance records / Time Records 3. Pay slips if provided / other proof of payment from the company to the employee. Also pls note "Offer Letter" does not serve as a document of employment, its the offer made by the company towards employing the person. The next process after offer letter is accepting it in writing and then the co will have to provide an appointment letter on the first day of service (or within the first week). Then confirmation letter etc... In this case, neither the employee is on roll nor issued with an appointment letter / Id card / business card etc Nor even with pay slips. There are two options which may resolve this 1. Taking up this issue with the current employer and the consultant. 2. Trying for some other jobs. I doubt there will be a positive response from the consultant as they would have already been paid the consultancy charges as its 1 year since the candidate has been appointed. Pls comment. -Saravana Rajan.
From India, Mumbai
dear u can not prove in court of law that u are engaged for Rs 10000/-.so u can not take any legal action against company. tks j s malik
From India, Delhi
HI, i will suggest you to change the job at the earliest possible. Never forget you are living in India. My friend is fighting for last three years for Rs.73,000/- cheque bouncing case. Even a 5 year old baby can say my friend is right. Regards pinaki

Dear One year so long why kept quite? If you had protested earlier only your problem would have solved long back....... Anyway try this, All most all the consultencies are doing the same money making business. so if your friend is having the agreement copy which she has signed before joining to company or to that consultency, go through the clauses which mentioned by those people. so based on that only we can fight for our right. If you found the clauses or columns which is against your concern then we are back in this case, refer the agreement copy if you not found any drawback points to your side. Go Ahead..............! Good Luck.....:!: Regards Deepu :)
From India, Bangalore
My friend, How can an offer letter not have an offer????? i fail to understand this....n how can ur friend work without understanding his renumeration clearly???? anyways.... there seems to be very liittle hope here as there seems to be no proof (documented) that says the compensation offered would be to the tune of Rs.10,000. Suggest your friend to move out from there at the earliest .... n examine all these aspects carefully b4 takin up his/her next assignment. good luck!
From India, Mumbai
Was this a verbal agreement or a written on? Which country has this incident taken place in? In most countries unless it is in writing, either in the contract or in an official letter, the matter cannot be taken up legally. So please make sure you have the facts, the written agreement and the law that governs the country of employment, before you waste your energy. PVQ
From United Arab Emirates, Dubai
Dear, Your auditable attendance register is more than sufficient to drag to the any court in case if you have signed your presence in the Company. All the Best Regards, Shirish
From India, Hyderabad

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