Is My Friend Entitled to Her Salary After a Company Broke Its Promises?

Hi all,

A few months back, my friend joined a company in which she was in a probation period of 6 months. At the time of the interview, certain commitments were made:

1. Salary as 10k fixed
2. Cab (pick and drop)
3. Meals
4. 1 CL

Also, serve a notice period of 15 days before leaving the company. After 12 days of joining, the company gave her a letter stating that there would be:

1. 30% salary deduction
2. No Casual Leave
3. No Cab
4. No meals

Certain other verbal commitments were also made. The company cheated her as the appointment letter was given on 5th Jan, and the deduction letter was dated 1st Jan of the same month. No commitments were fulfilled, and there was a kind of mental harassment.

Finally, when she resigned without serving the notice period, the HR is not accepting the resignation nor providing the salary for 15 days (not served the notice period). Will she be able to get her salary for the 15 days she worked with the company?

Dear Shivani,

I understand the problem your friend is facing. Were these commitments included in the offer letter? You see, these days people know how to make fools. Sorry, but it has happened. You can't do anything in this regard. If you have any testimonials pertaining to this, you can contest against the company in the labor court under the Payment of Wages Act.

Regards, Vipin

As suggested by Vipin, you can lodge a complaint. However, I prefer that before moving to court, it should be conciliated before the Labour Officer. But before doing so, please remember that you may fail to get a better reference from the employer for your future career.

Regards,
Madhu T.K

I agree, but what about the salary and deduction letter which is offered before the appointment letter.

Present that also in the conciliation. A letter dated 5th January will supersede the letter of 1st January.

Regards,
Madhu.T.K

Hi, I'm not sure if your case will hold strong in court. One should always make sure that all commitments are put down in black and white. Without proper proof, nothing can be done. Also, the company will be able to prove that your friend did not serve the agreed notice period and hence they have retained the pay. The best solution would be to leave at this point. Opting for a court case would severely affect your friend's career.

As you stated, at the time of joining, they give a joining letter in which all the details you mentioned will appear. After joining, if anyone has not applied, according to labor rules, the person is eligible for one casual leave, and the remaining leave comes under perks, which can differ based on company policy.

It is true that your friend can go to court, and finally, after very long legal procedures, he/she may get 15 days' salary and some nominal compensation. But I would suggest not to run after this but kickstart a job search and find another job in a company with good governance. Best of luck.

1) The company cheated her as the appointment letter was given on 5th Jan and the deduction letter was dated 1st Jan of the same month. Your friend can use this to their advantage. How could a deduction letter have been issued before the appointment order?

2)

Mr. Madhu,

Based on my experience of attending conciliatory meetings on various occasions and in various places, let me tell you that conciliation will not be of much help when the employee has not even completed one month of service. In one of my previous positions, I had suggested what you are saying now. As HR employees, we have to consider future referrals carefully. No other company will easily or willingly employ someone who has initiated conciliation proceedings, especially an HR person.

To be practical, this individual should either accept what the management has offered (which may not be deceitful but perhaps a measure taken due to a recessionary policy implemented between the interview and her joining) or gracefully exit to pursue a better-paying job in today's market.

Thank you.

I do agree with Ramamurthy. That was why I also advised to ensure that ".........but before doing so, please remember that you may fail to get a better reference from the employer for your future career" in my post to this thread.

Regards,
Madhu.T.K