Employer Is Not Paying As Per Offer Letter - CiteHR
Lavika Yadav
Manager-hr
Riteshmaity
Labour Law Advocate
Mee.chinu
It Professional
+1 Other

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Hi,
I have recently joined a new employer based on the offer I received from them. After joining I realized that the compensation details present for me in their intranet system are not as per my offer letter. They are less. I also received my first salary as per their system - i.e. less than what's mentioned in the offer letter.
At the time of HR discussion during recruitment drive, HR had proposed some value as the compensation, but later I received the letter with the compensation value bit more than that (different of around 60k per annum). I accepted the offer by referring to the value in offer letter because that's the only written communication I had. After joining, when I raised this concern, HR had counter argument that they had not proposed this higher value while recruitment.
I want to know if there is any third party like Ombudsman or something who can help me resolve the dispute and also what can be the consequences of this to my current employment.
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might be that extra amount is referred to Gratuity contribution..which is payable only after 5 years...you please check that your communicated CTC and now in hand CTC is same ..for better clarification talk to company HR.
All the Best !!
Gratuity payable to an employee cannot be deducted from the employee unlike ESI and PF. Gratuity becomes payable only after completion of 5 years of service or more and it is paid by the employer only and not from any fund collected from employee.
Coming back to the topic of differences in CTC, your offer letter is vital in order to establish the quantum of CTC. The denial by HR that they had not proposed any higher salary is hard to prove.
However, if you have any other documents stating you will be offered a particular amount which you are actually not getting, then definitely you can claim the difference amount.
Check www.labourlawhub.com for more information.
Thanks.. The offer letter states the higher amount and does not mention anything about gratuity. So it's definitely not gratuity.
Only document that I have is the offer letter. Less salary being paid can be proved by showing salary slip and offer letter only. Will that be sufficient? And is there any possibility company can make a point about the HR discussion (verbal) to prove it valid, though they did not send anything in written about it? All i received was the offer letter with higher amount.
Kindly escalate it to higher ups and as a last resort to the CEO. Attach the offer letter and the pay slip in the letter to them. Explain the case. If nothing materialises , look for another job and move on. They don't deserve you. You might win the case if you go legal after quitting. But the cost and time does not merit a legal case.
If there is any difference in salary between what is been stated in the offer/ appointment letter and what you have been actually paid, then it is an offence and you are entitled to get the outstanding amount.
Now, whether to fight and win a legal battle or just move on is a personal choice.
Check my blog www.labourlawhub.com for more information.
Escalate to highest level. Wait for 1 month and then start looking for next job.
Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.
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