Employer Breaches Agreement and Imposes Unfair Deductions – What Are My Options?

To retain me, the employer agreed to give me a $15,000 annual increment in 2024. Now, the employer is breaching this contract, saying they cannot fulfill it.

I negotiated another increment amount in which I'm at a loss. Still, the employer is fabricating an unconstitutional agreement in which my monthly gratuity deduction will be $8,000. Until now, no gratuity deductions were being made, but suddenly they want to start making the deductions.

Additionally, they are sugarcoating things by saying they will give me a senior management position.

What can I do in this scenario? Both the HR manager and CEO are well aware of this situation and want me to enter into an unconstitutional agreement.

Hi, an employer cannot make any recovery from the gross earnings of the employee towards gratuity, which is illegal. If the same is reflecting in the payslip, then you may raise a complaint with the respective Labour office.

@Vmlakshminarayanan

I am still in the negotiation stage. If the company forces me to sign such a contract where the gratuity deduction is more than the required amount, can I still take action even after signing the contract?

Also, won't the labor court take years to resolve this matter?

Hi, in that case, my suggestion is not to sign the contract.

Taking the legal route is meaningless. It will take years, and you will pay your lawyers lakhs of rupees in the meantime.

Just switch your job and go to another company. The offer of a management post is meaningless in a company that does not honor its promise to give an increment.