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I joined a company in Mumbai. But payments were not as per appointment letter. The intention was very clear and company did not intend to pay some part as per appointment letter. Can I challenge the whole appointment letter as invalid? I want a proper legal reply. In fact want to engage a good advocate. The impact is Rs 40L.

Elaborate. What are all the components as committed in appt letter are not paid? Then only, we can throw some views. Pon
Attached paper is a document shared before issuing appointment letter. Basically issue is of a ESOP recovery in case of leaving the job in 2/ 3 yrs. But ESOP document is very strongly warded. Hence I am trying to find faults in appointment letter. They had added Rs 2000/- for mobile phone charges + Rs 2000 for land line charges per month but company policy was to excludes all personal calls for which I have record of disallowance. This surely is cheating.
Can this small point help in making appointment letter non enforceable?

Attached Files
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File Type: pdf Narendra Pati CTC L&T.pdf (577.1 KB, 705 views)

Hi Naren,
I was an ex-employee of this organisation. You may remove the name of the org. ESOP is a trick and it carries some riders. Only long term served employees will accrue the benefit. When I resigned, I lost huge sum as we could not fulfil the contract terms. Another grey allowance is SAF (Super Annuation Fund) which only can be availed after serving 10 yrs. PLI or ECAL is depending on your rating which normally you should get.
Can't take legal measures due to in-built conditions. In CTC regime, the employees are made gullible by adding consequential and inconsequential benefits which one never be entitled to claim but a tool to inflate your CTC and fall in the trap.

Dear PON,
Pain is ESOP recovery. But I want to find fault with the appointment letter without referring to ESOP. I know they are very strong on ESOP documentation. Now issue is they have written they shall pay Rs 4000/- per month for telephone but after joing insisted that these calls should be only official call. I recorded in few bill personal call portion, which got deducted upfront instantly by the system. Can this be taken as a fraudulent approach by the co?
I carry some legal knowledge and feel can be explored. Just looking for a good advocate.
How long you worked here?

There are 2 types. One is telephone allowance - can claim tax exemption to the extent of usage. Remaining will go as taxable.
The other one is telephone reimbursement which shall not be shown in CTC. Only for official purposes, the reimbursement is made. Personal calls will be charged to you.

Most company policies are very clear as to what will be reimbursed and what would not be borne by the organization. You cannot fault this.
If you were a business owner, you would not be happy with the idea of paying for an employee's personal calls.
ESOP is a benefit given to the employee if he/she stays for that period of time in the organization. So if an employee leaves during this period, he loses his ESOP entitlement.
If you still want to consult an advocate, do so, but I don't think it would be fruitful.

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