Company Not Giving Salary According to Appointment Letter and Demanding Notice Period as per Appointment Letter - CiteHR

Company is not paying salary according to appointment letter and salary revision letter since lockdawn. Almost 2.25 lakh deducted from 8 lakh CTC in just 9 months and still continue. Company has not informed or passes any clarity about the matter. Just orally informed about working days in week (4 days, 5 day according to management owns mindset). Company has healthy sales and profit in this year but want to take advantage of covid situation. Plant is continuing as routine working and paying wages but deducting from office staff like accounts, purchase and hr.

My notice period in appointment letter was 1 month and after joining forcefully changed in 3 month for all assistant manager level post. I have oppose but forcefully give option accept 90 days notice period or left company. I had not another choice and accepted 90 days notice period.

After few months lockdawn starts and salary deduction started and till date it is continue. After all I have resign myself on found of another full salary job and requested to relive me earliest but after 20 days there was no response and ask me to give notice period according to revised notice pay of 90 days. I left immediately and stop going to company and handover all asset to company. Now company is demanding notice pay of 70 days.

My question is when company is not paying salary according to appointment letter on basis I have accepted the job. Than how can company demand notice pay of 90 days ? This is seriously harassment of employee.

I need expert advise on this matter.

From India, Ahmedabad
Labour Law & Hr Consultant
Partner - Risk Management
Accounts And Finance

Dear friend,
Without going through the complete details of the monthly salary mentioned in the appointment letter and the nature of deduction/reduction subsequently made therein by the employer, I think that one cannot give an appropriate reply to your query.

From India, Salem
Interesting question.

Prima Facie, if one party has violated the terms of the contract (in this case, the promised salary and increment), then there is no obligation for the other party to obey the terms of the contract either. However, since we do not know the circumstances, we can not tell you where exactly you stand. For example, we do not know if they have given you notice of lower pay, whether you have in any form, accepted the same, or to what extent the continuing acceptance of pay cuts amounts to acceptance of the changed contract.

You can always reply to the company stating that you do not need to follow the notice period since the payment was cut without your approval, or you can tell them that they owe you xxx amount of money which they have not paid and that you are entitled to file a legal case to recover the same and therefore you will not pay them, etc.

But it would be a good idea to take the case to a labour lawyer who can advise you based on the full knowledge of the matter.

From India, Mumbai
It is also a question of how your new employer looks at the matter and whether they believe that you are justified in leaving without adequate notice. If they are ok with it, then i guess you should not have much of a problem
Companies rarely find it worthwhile to spend on legal fees to follow up on cases of short notice period

From India, Mumbai
Dear Friend,

I understand your problem, and you alone is not suffering from this kind of situation. Now it would be prudent your part to come out of this whirlpool for a better future. One good thing is that your employer has agreed for buy out option of remaining notice period. You can discuss the issue with HR, if not possible send a letter to the HR stating that the notice period of 70 days stands at Rs. X on pro rata basis of salary received against the actuals to be received, pay by cheque. It would be better to send the notice through a lawyer, if have this option with you.

You have got a good cause for legal fight but try to settle by discussion sitting across the table, keep the recording of the discussion, since new job is a priority for you. You need to discuss with the HR of new employer, whether they are ready to go with the letter of employer with 70 days payout but without relieving letter. You decide and take the advice of other well wishers and act accordingly.

From India, Mumbai

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