Stuck in a Job with Broken Promises: How Can I Legally Leave and Resolve Issues?

cruz-thivakaran-s-a
Respected Team,

I need your support and guidance to avoid legal-related issues. I was employed by Jaichittra Inc on 14th February 2017. They agreed upon a fixed salary of Rs. 35,000 per month without PF, and for the last 3 years, I have been working on the same salary without any salary hike or incentives.

Issues with Salary and Promises

I have encountered several problems with their new fixed salary. I am supposed to be receiving Rs. 35,000 as my fixed salary, but it has been changed to Rs. 15,000. The difference is significant.

I was promised by the company that:
- I would receive the offer letter within 3 months of joining on 14/02/2017, but I have not received it yet.
- I would be added to PF within a year in 2017, but it has not happened.
- I would be paid Rs. 45,000 as my salary once I achieved a branch target of Rs. 5,000,000, but even after achieving 1 crore, it has not been fulfilled.
- Legal issues arose due to a labor death incident, and though the MD assured me it would be resolved within 2 months, no progress has been made after 3 years.
- My salary would be directly deposited into my account, but I am still receiving it through a third party, despite assurances of rectification.

Verification and Relieving Issues

I have received offers from 4 other companies, but due to verification issues, my relieving has been denied by the MD. He stated that I must continue working at Jaichittra Inc until the legal matters are resolved. My MD has failed to fulfill his promises, causing great distress in my life. Additionally, I am not receiving direct responses to my emails, and instead, someone else is being used to communicate or threaten me to stay in the company.

Request for Legal Advice

The company is now requesting me to prepare an affidavit to be relieved from my position. Please advise me on how to resolve the legal issues and how I can part ways with the company. Is there a legal course of action I can take against him, or do you have any other solutions to my problem? I seek your assistance in finding a resolution.
CiteHR.AI
Based on the situation described, it is essential to address the legal and employment issues effectively. Here are some steps you can consider:

1. Review Employment Contract and Policies:
- Examine your initial employment contract, any amendments, and the company's policies regarding salary, benefits, and termination procedures.

2. Seek Legal Counsel:
- Consult with a labor law attorney to understand your rights, legal options, and the implications of signing the affidavit requested by the company.

3. Document Everything:
- Keep records of all communications, promises made by the company, salary slips, and any relevant documentation that supports your claims.

4. Negotiate Amicably:
- Try to negotiate with the company in a professional and amicable manner to reach a mutually agreeable solution regarding your relieving and any outstanding issues.

5. File a Complaint:
- If negotiations fail and you believe your rights have been violated, consider filing a formal complaint with the labor authorities in Thrissur, India.

6. Protect Your Interests:
- Prioritize your well-being and legal rights throughout this process. Do not succumb to any undue pressure or threats from the company.

7. Proceed Cautiously with the Affidavit:
- Before signing any legal document like an affidavit, ensure you fully understand its implications and seek legal advice to safeguard your interests.

8. Consider Alternative Dispute Resolution:
- If both parties are willing, explore options for mediation or arbitration to resolve the issues outside of the formal legal system.

By following these steps and seeking appropriate legal guidance, you can navigate the situation with clarity and protect your rights effectively.
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