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thealien
Hi,

i have joined a company after successful online interview and was given the post of National Head. the position was based in different city. the CTC offered to me was accepted by me, and on the day of Joining i completed my joining formalities by proving them list of documents along with the Originals. I joined the main office as per the said date. My work was appreciated by everybody for some days as I was able to provide some solutions at cost effective manner. Verbally I was given commitment about providing the accommodation (Guest House) in the city. I was staying in Hotel till the accommodation was confirmed. I keep on asking about the company guest house but suddenly company start refusing about same, and also they refused to pay the hotel bill. In some days the HR head informed that the company is not happy with the performance and hence the CTC is revised to 50% lesser as the profile given to me is basic and cannot afford such high salary. This performance issue was unjustified as I havenít interact with the MD of the company much and without any work assigned to me how can he judge the performance level. I tried to convenes all my reporting (Dual Reporting) and HR head via mail but till date I didnít get any reply.

Please advise how can I go further on this, as the interview panel was happy with my Knowledge and they have cleared the suggested Designation.

Thanks

From India, Mumbai
Madhu.T.K
4201

This is not a matter of performance but breach of contract. Since you fall under employee with managerial rights, you cannot get protection of labour law but can get remedy from a civil court as there is a violation of terms of appointment. Since the contract of employment is unconditional and without any clause that you would get lesser pay once your performance come down you can fight for that. First talk to the HR and appraise him that there is breach of contract and in case it is not rectified, you will move to court.

The probable implications: There can be a termination clause under any contract of employment. In this case also there can be. If there is a probation clause, then the issue will be very easy for the employer, that they can just terminate the service without giving any reason for termination. Having given the reason of poor performance, they are bound to give you an opportunity to improve it but still after about three months, again they can initiate the same thing, that is asking you to go. If so, you have no other way but to go. You cannot challenge if it happens during your probation. In case you are confirmed, then also if there is a termination clause which says, say three months notice from either side, then they can give you three months notice and terminate you or even pay three months salary and ask you to go. Here also, the law will not protect you because it is there in the contract.

Madhu.T.K

From India, Kannur
thealien
Dear Maghu Sir,
Thanks for your reply.
I am not aware of any HR policy or any termination clause of the company as till date i haven't got my Appointment letter. i just signed my Offer letter along with the required documentation and references. In my case there in no termination letter given to me but lowering my CTC to 50% of what i had signed. the non performing issue was verbally told to me by the HR. i was surprised to see that how a person can judge once capability in just 15 Days of joining, where i was in the phase of understanding the companies system first.
Thanks

From India, Mumbai
Madhu.T.K
4201

When offer letter is signed as accepted, it becomes a contract and there is no need of any separate appointment order. It is true that nobody can judge the performance of an employee in less than three months and that is why a probation period is always stated in the appointment order. The verbal communication of your performance is an indication that your position is going to be eliminated and it is caution that you should find another job immediately. HR is only communicating the decision of the management and he has nothing to do with the policy drafting. Therefore, you may find an alternative. They will not pay your the salary as per the offer letter and will not bear he hotel costs also and this is done just to provoke you so that you will leave. As already told you, you can either fight for the breach of contract or leave accepting the fact that every decision has an element of risk and the decision to leave a good company to join another company would also have risk that if your values do not match with the culture of the new organisation, you will have to leave the company causing irreparable loss to you only. On the other hand, if your offer letter has termination clause, the company can also initiate termination as per that provision. Here principles of natural justice cannot be expected.

Madhu.T.K

From India, Kannur
Madhu.T.K
4201

Probation clause should have a termination clause that "during probation period your services could be terminated without notice and without assigning any reason". Please check. Madhu.T.K
From India, Kannur
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