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Subject - Salary Redustion

Dear Seniors and legal advisors,

I am female employee working in MNC as Manager since last 4 yrs having experience of 8 yrs in Marketing line. Last yr i had to go on maternity leave for 6 months as i was expecting my first baby. after i joined back my co. has decided to change my profile as with 6 months old baby it will be difficult for me to travell abroad for sm period of time.

Now they want to change my profile with reduction in salary by almost 80% of my current salary taking from co. whereas, there is no where mention din my appointment letter that salary can be reduced on change of profile. Infact this yr i m due for increment also.

I am seeking for an expert / HR/ legal advisor to guide me that can a reputed MNC coming under indian gov rules and regulation can do such kind of act.

I had asked my MD to give me in written about d asalry reduction, whereas my HR department has denided to him doing so as it is an illegal act to do so.

So, before they seek for an advise i also want to b prepared with my answer.

Awaiting all seniors reply.

Thanks and Best regards

An employer is not expected to reduce salary of an employee. This is not a rare case, but I have come across with such incidents and around 99% of such kind of treatments have been reported from MNCs only! At the same time, traditional and indigenous establishments, although do not provide any air conditioned working atmosphere with a 'lot of fun' at work (in paper and presentations of HR department), do not tend to reduce salary of employees. It may be due to the fact that in these kinds of establishments a strong trade union may be present whereas the employees of MNCs are not collective in bargaining.

Being a Manager, your grievances will not be redressed under Industrial Disputes Act. Therefore, you have to deal with individually. A settlement within the cabin is advisable. In that discussion, I feel, the main proposal will be termination of the contract of employment by either side. If you accept it you will be relived and you will get a fancy certificate for future job hunting. If you do not, they may refix the salary and make it as it was earlier, but can sideline you or transfer you to some other place. Finally, you will be forced to leave. Think like that direction also and decide. Any way, it is illegal to reduce salary and every one accepts that it is a clear case of victimisation. But what shall we do? You are an employer by yourself!

Regards,

Madhu.T.K

Dear Mm.

Its all depend how U R going to be prepared to pick up a fight with yr.employer. If U R prepared never minding the consequences, then - (I am not sure what are all Acts applies to U) However,

First of all, I suppose, yr Terms & conditions of apptt.include a clause necessitating U to work if transferred. If so, when they post U to UK probably U have no right, unless U R protected U/s.2 of the Maternity Act,1961. Assuming the Act applies to U, May be U got some respite u/s.11, 12(1) & (2)(a(b). If not U may refer ESI Act. Notwithstanding, if the post to which they are trying to post U doesn't require yr specifications U may even raise a dispute as per the Standing Orders or Terms & Conditions apply to U especially on the attempted reduction in emoluments. It is difficult for any employer to justify any reduction in emoluments whatever may be the reason, except after obtaining yr.concurrence. Did they call for yr option prior ? Before acting try to get eveything in writing as only records will speak for U. May be U have to consult an advocate.

Kumar.

Dear Madhu.T.K / Kumar,

Thanks for your reply.

Regarding my mail, i would also like to inform you that my Co. is reputed MNC and is Korean based co. with HQ in Korea.

1- Since last yr i m going thru lot of harrasment / stress and torture in my office where i first tried solving same within the premises.

2- I had aslo posted my compalint to HQ in Korea where things got better verbally as they were aware that i have to go for my maternity keaves for six months and have no right to say anything to me.

3- Now wen my maternity leaves r over and i have resumed back my office, same kind of atmostphere continues for me and now it is really unbearable and give me mental stress.

4- I had also asked for senior managment intervention but again it did no gud to me which clearly shows they want me to resign as they cannot terminate me cause co. is doing gud in market and for termination they have to reply to HQ for reason of termination and incase i put my resignation then they r not answerable to d HQ.

5- I had also told them that change of profile was proposed by managment to me wherein it was verbally and now they deny to all there words and want same from me in writting mentionally that i cannot do my tast, in that case co. has all the rights to reduce my salary. But if i m not writting then they cannot reduce my salary cause again they have to report to the head office.

6- regarding all above issue i m in reall mess cause almost after every two day i have to go thru meeting where co. doesnot listen to me and only harrrase me and force me to write mail to them.

Please help.

Regards

Dear Mr. Kuma,

I already have a mail recod where i had put complaint of harrasment to HQ.

Also, i have a record of mail where i have asked for my managment for job assignment as i am not given any assignment since last 1 yr now and it is really a torture for me coming to office and spending 10 hrs sitting and not doing anything. A reply to my mail was that my division does not have any vacancy for me as they ahve already appointed new manpowers for the co. and if i continue to be on the same profile as ealier i am forced to travel abroad, inspite of the MATERNITY Benefit act 1961 of Indian Govt , which allows a working mother suitable time to take care of her baby till he/she attains age of 15 months wherea a woman is required a reasonable time to leave her baby in a creche or the place where the child is kept by her while on duty and same has been followed by all companies.

Will d above mails / interaction will solve the purpose of having records for future action.

Awaiting you rreply.





Dear XYZ,

I understand yr. work atmosphere. All I can suggest U at this stage is -

1. Write a detailed letter, but carefully worded, detailing problems U R facing in the office upsetting yr.work ethics and harrassment metted out to U. to the top management, but thro' ur.HOD or copy to HOD. Let it be acknowledged by them. Also send by e-mails. If U R lucky, and U R found favour by yr.bosses, U may get a favourable reply. If not U may have to be prepared for the follg. any few or all of the follg-

The worst to happen (Caution) - is that under yr. terms of apptt., if they consider U either surplus, or yr.performance not upto the mark, or any other reason they may give U termination notice, say three months or one month or salary in lieu of notice as applicable.

1. If U R ready to take the fight to their quarters, U may even file criminal cases of harrassment under IPC against persons by whom U felt harrassed.

2. A compromise formula, negotiate with the appropriate person for any posting in yr. co. without reduction in salary, within in India/yr.place without affecting yr.personal life. For this purpose u may use the services of an Advocate or any one U feel having a powerful negotiating skills.

3. If U have any documentary evidence showing that U R going to be transferred to a post not appropriate to yr. specifications coupled with reduction in salary, U may serve a legal notice/Caveat/obtain a stay order against such an action from an appropriate court and follow the suit closely. In cse U have no document, doesn't matter, still U issue a legal notice and make them either agree or disagree in writing, then proceed legally.

In all these actions U must ensure U don't commit any offence in discharging yr.assigned duty.

Best of luck.

Kumar

Dear Mr. Kumar / Ms Madhu,

Thanks for your above replies to my post.

On above advise my action was as following.:

1- First before reacting i had taken legal advise / counclling.

2- Then on there advise, i had sent mail to my MD of the co. in a very requesful manner telling him my prob in the organisation and asked for his intervention.

3- Regret his reply for not favorable to me instead has sent me 2 line mail saying that my contents to him r false and baseless and i have to solve internally with my team leader.

4- I was so much disheartnd with his reply casue he was not bothered to discuss it once with me and he being the senior most authority should not have replied in this manner but the only good thing he did was by marketing copy of his reply to all senior managment.

5- As he has put everyone in Cc, our old MD came in picture and discussed with me in detail and he was very much upset by hearing my situation and was surprised to hear with this kind of senior managment and asked me to work under him.

6- I have received a very gud support from him and i am mentally relaxed.

Today i am gonna have final meeting with him.

I wanted you all to know about me as during my tough times CiteHR proves to be of great help to us.

Thanks and shall let u know about my final stage .

Regards

XYZ

Dear Mm,
It is heartening to hear U R seeing the light at the end of the tunnel. Have courage, world is far and wide and by the IT revolution the entire world is before U. So far as V R faithful and sincere and ready to take up challenge good people will be always with us. Carry on yr.good work, doesn't matter some of our personal convenience may be inconvenienced at times. U will find good times also. Await yr.good times.
All the best to U especially the new addition to yr.family.
Kumar

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