Salary And Designation Reduced Without Employee Consent

Mahesh1283
Hi everyone, Is there any forum provided by the government that can help me?
I have already written to Ministry of Labour & directorate of public grievance.
bertyjay
From the momemt a contracting party tables for a change e.g salary, there is need for both parties to agree and this is concretised by signatures of the different stakeholders. Moreover, these modifications ought to be agreed upon before any implementation. This not being the case, the emplyer has breach the contract and the HR acted poorly or irresponsibly thus exposing the institution to risk.
essykkr
Hi Mahesh,
As per section 9A of Industrial Dispute Act the employer is duty bound to send a notice of any change in service condition before 21 days of such change. With out complying with the requirement of section 9a any change by the employer become null and void ab initio and inoperative in law. And if your service is governed by the contract then the terms and condition of your service contract will previals. But in that case also an employer unilatterly can not change the condition of service. It has been held by the Hon'ble Bombay High Court in case titled as S.N.Kedare V/s Ceat Tyre of India Ltd 2002 LLR 143 that unilatterly reduction in wages by the employer would clearly be contrary to sec-9a of ID Act. So dear you have very strong case in ur hand.
Sanjay
Advocate
jeevesh_mehta
Dear Mahesh,
I have gone through the problem faced by you in your employment. We are Legal Consultants having our operations in Delhi & NCR. Your case can surely be solved through Legal proceedings. For that you need to be determined to fight and win and recover a certain amount from the company. If interested you can contact us at 9811617186. We shall do our best for the proper redressal of your dispute. Also feel free to contact us in case of any query.
Regards
Jeevesh Mehta
Ph: 9811617186
Mahesh1283
Hi everyone,
I am currently seeking legal advise. Does the Govt of India have a forum for me?
Mahesh1283
Hi Everyone,
My previous employer has replied back to me by saying that my employment does not come under the industrial dispute act. He says that in software industry notice of 21 days before change in terms is not mandatory. Please comment on this.
saurabh.shrivastav
Even if we hold back the ID Act applicability, the employer has even gone against the PF Act which says that the Basic pay of the employee can not be reduced.
Saurabh
Mahesh1283
Hi Saurabh,
I am going ahead with legal notice. I want to bring my former employer to justice.
saurabh.shrivastav
Good luck Mahesh!
Whatever you do -- do it with the intent of bringing justice to the ones who suffered not with any sort of animosity towards the previous employer.
Best of Luck
Saurabh
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