I joined a company in Mumbai. However, payments were not as per the appointment letter. The company's intention was very clear, and they did not intend to pay some part as stated in the appointment letter. Can I challenge the entire appointment letter as invalid? I am seeking a proper legal response and would like to engage a good advocate due to the financial impact of Rs 40L.
Regards,
Narendra Kumar Pati
narendra.kumar.pati@icai.org
From India, Mumbai
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Regards,
Narendra Kumar Pati
narendra.kumar.pati@icai.org
From India, Mumbai
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Elaborate. What are all the components as committed in appt letter are not paid? Then only, we can throw some views. Pon
From India, Lucknow
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616From India, Lucknow
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Attached paper is a document shared before issuing an appointment letter. Basically, the issue is of an ESOP recovery in case of leaving the job in 2/3 years. However, the ESOP document is strongly worded. Therefore, I am trying to find faults in the appointment letter. They had added Rs 2000 for mobile phone charges + Rs 2000 for landline charges per month, but the company policy was to exclude all personal calls for which I have a record of disallowance. This surely is cheating.
Can this small point help in making the appointment letter non-enforceable?
Regards,
Narendra Kumar Pati
Email: narendra.kumar.pati@icai.org
From India, Mumbai
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Can this small point help in making the appointment letter non-enforceable?
Regards,
Narendra Kumar Pati
Email: narendra.kumar.pati@icai.org
From India, Mumbai
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Hi Naren,
I was an ex-employee of this organization. You may remove the name of the organization. ESOP is a trick and it carries some riders. Only long-term served employees will accrue the benefit. When I resigned, I lost a huge sum as we could not fulfill the contract terms. Another gray allowance is SAF (Superannuation Fund) which can only be availed after serving 10 years. PLI or ECAL depends on your rating, which you should normally receive.
Can't take legal measures due to in-built conditions. In CTC regime, employees are made gullible by adding consequential and inconsequential benefits which one may never be entitled to claim but are a tool to inflate your CTC and fall into the trap.
Pon
From India, Lucknow
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I was an ex-employee of this organization. You may remove the name of the organization. ESOP is a trick and it carries some riders. Only long-term served employees will accrue the benefit. When I resigned, I lost a huge sum as we could not fulfill the contract terms. Another gray allowance is SAF (Superannuation Fund) which can only be availed after serving 10 years. PLI or ECAL depends on your rating, which you should normally receive.
Can't take legal measures due to in-built conditions. In CTC regime, employees are made gullible by adding consequential and inconsequential benefits which one may never be entitled to claim but are a tool to inflate your CTC and fall into the trap.
Pon
From India, Lucknow
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Dear PON,
Pain is ESOP recovery. But I want to find fault with the appointment letter without referring to ESOP. I know they are very strong on ESOP documentation. Now the issue is they have written they shall pay Rs 4000/- per month for the telephone, but after joining insisted that these calls should be only official calls. I recorded in a few bills personal call portions, which got deducted upfront instantly by the system. Can this be taken as a fraudulent approach by the company? I carry some legal knowledge and feel it can be explored. Just looking for a good advocate.
How long have you worked here?
Regards,
Narendra
9930201181
From India, Mumbai
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Pain is ESOP recovery. But I want to find fault with the appointment letter without referring to ESOP. I know they are very strong on ESOP documentation. Now the issue is they have written they shall pay Rs 4000/- per month for the telephone, but after joining insisted that these calls should be only official calls. I recorded in a few bills personal call portions, which got deducted upfront instantly by the system. Can this be taken as a fraudulent approach by the company? I carry some legal knowledge and feel it can be explored. Just looking for a good advocate.
How long have you worked here?
Regards,
Narendra
9930201181
From India, Mumbai
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There are two types. One is telephone allowance - you can claim tax exemption to the extent of usage. The remaining amount will be taxable.
The other type is telephone reimbursement, which shall not be shown in CTC. Reimbursement is made only for official purposes. Personal calls will be charged to you.
Pon
From India, Lucknow
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The other type is telephone reimbursement, which shall not be shown in CTC. Reimbursement is made only for official purposes. Personal calls will be charged to you.
Pon
From India, Lucknow
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Hi,
Most company policies are very clear regarding what will be reimbursed and what will not be covered by the organization. You cannot fault this. If you were a business owner, you would not be happy with the idea of paying for an employee's personal calls.
ESOP is a benefit given to the employee if he/she stays for a certain period of time in the organization. So, if an employee leaves during this period, he loses his ESOP entitlement.
If you still want to consult an advocate, do so, but I don't think it would be fruitful.
Regards,
From India, Mumbai
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Most company policies are very clear regarding what will be reimbursed and what will not be covered by the organization. You cannot fault this. If you were a business owner, you would not be happy with the idea of paying for an employee's personal calls.
ESOP is a benefit given to the employee if he/she stays for a certain period of time in the organization. So, if an employee leaves during this period, he loses his ESOP entitlement.
If you still want to consult an advocate, do so, but I don't think it would be fruitful.
Regards,
From India, Mumbai
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Appointment Letter to an Employee for fixed period.doc
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