Is My Offer Letter Fair? Seeking Advice on Its Legitimacy and Terms

Dear Seniors,

I am working as an HR recruiter in a placement firm. During my interview, they asked me to join on an urgent basis as they were about to start bulk recruitment drives and assured me that they would provide the offer letter within 2-3 days. Since I was available at that time, I decided to join them. However, they did not issue the offer letter for 3 months, despite my reminders. I started feeling uncomfortable as they frequently required us to work overtime, usually an extra 2-3 hours daily, without compensation. I also discovered that there were no fixed norms for variable pay.

Finally, they handed me the offer letter and requested an immediate signature. However, I preferred to thoroughly read and understand the document. Upon reviewing it, I had concerns that it might not be a standard offer letter. Therefore, before signing, I would appreciate if experienced individuals like yourselves could review it to ensure that it is a fair and acceptable agreement.

I have attached a copy of the offer letter for your review and feedback. It's worth noting that the company has not provided any other documents, including an appointment letter.

Warm Regards,

Supriya Dixit

Respected seniors, this is my humble request: please help me. I'll have to sign the agreement today and give it to them. Please guide.

The compensation aspect in "Rs 9000/- to be paid in arrears" is a matter of concern. Ask for a proper breakdown in writing. How much is the fixed monthly salary and how much is the variable component? Hopefully, they have discussed your targets to achieve the variable pay with you. Apart from that, there isn't much detail in the offer letter. Needless to say, if you are not satisfied with the work or pay, then consider looking for something better after careful consideration. Regards, SS

1. "In arrears" seems dubious straight away. I feel they would be blocking part salary and/or incentives as arm-twisting until the entire course of employment. Secondly, non-poaching of employees or clients for two years may also be used against an employee when they leave. I have personally seen an instance of a company in Delhi wherein two different people have refused to join in the same state.

Dear All,

Thank you very much for your response. My fixed salary is Rs 9000 per month only, which is paid in cash. As far as the variables are concerned, they had said at the time of the interview that there will be no variables for the initial two months, and after that, the slab for variables will be discussed with me and decided. The reason behind that was explained as the slab for incentive will depend upon my performance.

Now, I am about to complete 6 months here, and I've reminded him about this many times during this time period. However, he is not giving me a proper response. He even got irritated and said that he will himself call me for the discussion, and I am no longer supposed to remind him of this. I am really frustrated about what to do.

Thank you.

Option 1: Look out for another, better job.

Option 2: Stay where you are, hoping that someday, sometime, someplace, someone will notice you and give you what you deserve. Are you really a good performer, and have you truly contributed to the firm you are in? Analyze your standing in the firm vis-a-vis other employees and the job that you do. If yes, then show them the data of your performance and ask for a discussion. If not, then better stay quiet until you perform. In any case, don't leave the job to find another, because the job market is really tough to crack amongst competition. So keep talking to people for openings and plan accordingly. Telephonic rounds should help you out. In case you are sure of a better deal, then go ahead. Regards, SS.

Dear All,

I am performing as per their expectations, but they have made me work without incentives. Earlier, when I reminded them about this issue, they indicated that they would not provide me with the incentive for my past work, which is pending after two months of joining. The delay in the discussion has been on their side, and I feel greatly frustrated, depressed, and insecure while working in the current situation of uncertainty. I really don't know what they are up to. They have strictly instructed me not to approach them on this matter again until they approach me. I don't understand how I should approach them. Since they don't keep their word, is it correct to believe in their verbal discussions?

Thank you.

Since they have instructed you not to approach them regarding this matter, the battle lines are now clear. Either you have to wait for their response or you have to take the initiative of looking for another job. But all this depends on how good you are at your job in the first place. If you have the confidence in yourself that you are better than what they think you are, then go ahead because the world is full of opportunities. Only a note of caution while looking for new opportunities; when you get through, always check if this is a bait in disguise. Be more specific in the future about what you want in the initial stages itself because that's where your voice (if) is going to be heard. Maybe my views might differ from seniors because I'm not a senior. Regards, SS

Dear SS,

I agree with you; I have also realized that I am being exploited here. I was wrong to simply trust their verbal discussions before joining, of which they are taking advantage. I am very disappointed by their behavior and am looking for a change. However, the point at this time is, should I sign the offer letter and give it to them? In my opinion, I don't feel it should be done, and there is no sense because they are not ready to discuss matters. Another thing I doubt is, in the future, should I trust the verbal discussions at the time of the interview, or should I ask them to mention all the points that were initially decided in the offer letter or appointment letter? What should I ensure in the future so that such things are not repeated at any other workplace?

To other respected members, I request you to also give your opinions, as I really need your guidance. Please!

Well, if the clause "Salary to be paid in arrears" still stands out in your offer letter and your employers don't want a discussion on the same, then the only option is to sign the offer letter and take it for records because it will be required by you for proof in future employment. Hope you get your pay slips too. Keep all the records and then decide if you want to show them to future employers (else you can show your bank statements). Nothing works in verbal in this world. In fact, even written is challenged. In the future, get all your legible things written down in black & white, else history will repeat itself. I have myself been a victim of verbal commitments in the past and it's as good as no commitment at all. Hope it's clear. If you have the confidence in your performance & skill set, I don't think it is very difficult to get your way during job negotiations...... Regards, SS (not a senior nor a junior, only practical!)

Dear SS,

Thank you for your prompt responses. I've understood now that I'll have to take everything in writing. I believe the agreement should include the CTC, CTC breakup, the rates and conditions at which the variables are to be provided, the rules and regulations, leaves, and holidays. Am I correct? Is there anything else that should be mentioned? I will consider these points and proceed accordingly in the future.

Additionally, there is a clause in my offer letter stating that the employer can change the terms and conditions of the agreement at any time as per their requirement. Is this justified? Does this actually happen?

Regards,
Supriya

Dear Supriya,

The offer letter or contract should contain the monthly CTC with a breakup. Variables may be included in the offer or might be written down in a separate letter. Basic rules will be mentioned, but not all companies/firms put down leaves and holidays. If they don't, you can ask for a list of holidays and leave eligibility.

Regarding the terms that "the employer can change the agreement," please include the clause "on a mutually agreeable basis" and also "subject to prior notice." In any case, all clauses, if written or otherwise, don't matter when one is leaving the job, except the Notice Period and Final Clearance.

Regards,
Suresh

Dear Suresh,

Thank you very much for the useful information. As you mentioned, I believe everything should be in written form, whether it is in the offer letter or separately, right? Because I want to ensure that I do not rely on verbal discussions regarding the matters I mentioned. This way, sound working terms and conditions are established to some extent, and I can avoid facing issues after joining. After all, changing jobs frequently is not ideal.

Anyways, thank you again for the guidance; it has helped me clarify things.

Regards,
Supriya