Umakanthan53
Labour Law & Hr Consultant
T. Das
Scientist
+1 Other

I have been working in a small company for the last six months. Although I received the salary, the amount credited was less than the CTC they offered me. I raised this issue and asked for salary slips but they ignored to provide the salary slip. Also, they mentioned that they are doing some deductions which they will give me back at the year end. For this reason my credited salary in the account was less than my offered CTC.
However, when I wrote a strong mail demanding my pay slips, after 7 months they have shared my pay slips which clearly showed that the deduction were actually less and they have given me less salary than they offered.
Kindly note that I have also signed an employment agreement for 3 years contact and three months notice periods. Now based on the above scenario, I have the following questions:
1) Can I resign without serving 3 months notice periods?
2) Since they did not pay me that offered amount, does the employment contract still exists?
3) Can I claim the unpaid amount?
4) Since my pay slips and offer letter do not match, how to deal with my future employer?
5) Can I take some legal action against my employer for not providing pay slips and giving less salary for the last 7 months?
27th January 2018 From India, Hyderabad
Dear Das,
The amounts shown under various heads and the aggregate in the CTC are only indications of all the expenses incurred by the employer towards the entire cost of employment and retention of the employee and not the actuals payable at the end of the wage/salary period as per the contract of employment. Therefore, one can not come to a hasty conclusion of less payment in breach of the contract on the basis of C.T.C alone.
Some employers, knowingly or unknowingly, resort to the practice of holding a portion of the salary of the new employees every month and paying back afterwards for the purpose of ensuring their stay in the organization during the minimum agreed tenure. Certainly it is illegal.
Unless you disclose certain vital employment particulars viz., the nature/status of your job, gross salary per month, actual amounts deducted and their heads, one can not suggest the right remedial action to be taken.
27th January 2018 From India, Salem
Hi
Thanks for your valuable suggestions. You are right...I should not make any hasty decision based on the salary slip where some information may be hidden.
To have clarity I have discussed with HR and she has acknowledged that mistakenly they have issued less salary. But, I think they did it willfully. Does this prove that they have done breach of contract. Based on this, can I resign immediately? Kindly suggests.
27th January 2018 From India, Hyderabad
No.Errors do take place.
What and see for next month salary.
Get specific details of what mistake they did which made the salary a smaller amount than promised.
What are the kind of checks and balances to avoid such errors?
27th January 2018 From India, Pune
Mr. Das,
Now you need to discuss with HR. What amount you would get monthly and their heads and the amount they did not pay you as on date? Many a times it so happens but you should estimate the receivables and their heads with your HR. As per you the HR has informed you there was some mistake on calculation part and that should be shorted out with sitting with them and request to add on next salary.
As you insist upon resignation, is not a solution at this juncture. Once you get the pay slip rectfied, would be helpful for your future. You also take the help of your dept-head and discuss the issue and move to HR.
28th January 2018 From India, Mumbai
Dear Das,
I think that you look askance at such an unbecoming behavior of the management and come to the stage of calling it quits. But two wrongs don't make a right. Follow the useful and practical advice tendered above by our learned friends and wait for some more time.
28th January 2018 From India, Salem
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