I was working with a company in 2014,As per offer letter they have given me which i demanded but after joining have seen in appointment letter they have reduced 10% of my salary and they kept them as individual,all of sudden they asked me to leave after 10 months which i did and i asked for my 10% so they reluctant to pay with some unrealstic reasons,
Kindly help out with email id to whom i can write the mail for the same (any of the labour ministry or human resources ministry).
From India, Mumbai
Kindly help out with email id to whom i can write the mail for the same (any of the labour ministry or human resources ministry).
From India, Mumbai
@ Dhananjayojha07,
Kindly elaborate your query with more details like, Nature of Your Job, Company is in what industry, why you have accepted reduced Appointment letter, why they asked you to leave, Reason why you left before completing exit formalities, What kind of unrealistic Reasons they are giving you?.
All this answers will give us more insight to give a proper response.
All the best
From India, Ahmedabad
32Kindly elaborate your query with more details like, Nature of Your Job, Company is in what industry, why you have accepted reduced Appointment letter, why they asked you to leave, Reason why you left before completing exit formalities, What kind of unrealistic Reasons they are giving you?.
All this answers will give us more insight to give a proper response.
All the best
From India, Ahmedabad
Dear Mr.Maulik,
Thanks for your kind help and involvement.
Nature of Job was Sales and it’s an Asset Management Company (Regulated by SEBI), so called Mutual Fund Industry.
I joined a company in Jan 2014 after accepting offer letter where mentioned CTC were same which I demanded, at the same time I asked to HR person for salary breakup or appointment letter, he said there is nothing to be hidden deductions in CTC it would be same which mentioned in offer letter, we are unable to produce appointment letter before joining because it is out of rule book of the company. As per appointment letter they kept 10% of my salary, and HR said we kept it called "individual".
I believed on words and I joined on the basis of offer letter, because I never experienced such cheating in my 9 years of carrer, after joining I asked for salary break up but the HR person produce the same after 22 days of joining (all conversation is with me in written on my mail ID) with the excuse of CEO unavailability.
As per my profile I was doing good but after certain circumstances my line manager asked for unrealistic targets which was unable to achieve. After 10 months of joining they asked to leave on performance basis.
Meanwhile the HR person resigned the company, and then I asked to replaced one the same before exiting, She said you’ll get all your remunerations which existing with your profile, she tricks me for 2 months now they are reluctant to pay excuses with different –different norms.
The reason behind 10% of remuneration is, employee have to complete 5 years with then only Company will liable to pay as per rule. But these words nowhere mentioned in offer letter or appointment letter.
Hoping I tend to avail all questions, which you asked if any kindly let me know, at the same time kindly provide me any Email-Id (Any government regulatory body on grievances) which related to this. So it will be helpful.
From India, Mumbai
Thanks for your kind help and involvement.
Nature of Job was Sales and it’s an Asset Management Company (Regulated by SEBI), so called Mutual Fund Industry.
I joined a company in Jan 2014 after accepting offer letter where mentioned CTC were same which I demanded, at the same time I asked to HR person for salary breakup or appointment letter, he said there is nothing to be hidden deductions in CTC it would be same which mentioned in offer letter, we are unable to produce appointment letter before joining because it is out of rule book of the company. As per appointment letter they kept 10% of my salary, and HR said we kept it called "individual".
I believed on words and I joined on the basis of offer letter, because I never experienced such cheating in my 9 years of carrer, after joining I asked for salary break up but the HR person produce the same after 22 days of joining (all conversation is with me in written on my mail ID) with the excuse of CEO unavailability.
As per my profile I was doing good but after certain circumstances my line manager asked for unrealistic targets which was unable to achieve. After 10 months of joining they asked to leave on performance basis.
Meanwhile the HR person resigned the company, and then I asked to replaced one the same before exiting, She said you’ll get all your remunerations which existing with your profile, she tricks me for 2 months now they are reluctant to pay excuses with different –different norms.
The reason behind 10% of remuneration is, employee have to complete 5 years with then only Company will liable to pay as per rule. But these words nowhere mentioned in offer letter or appointment letter.
Hoping I tend to avail all questions, which you asked if any kindly let me know, at the same time kindly provide me any Email-Id (Any government regulatory body on grievances) which related to this. So it will be helpful.
From India, Mumbai
@ Dhananjayojha07,
From your following statement I am giving you answer.
"The reason behind 10% of remuneration is, employee have to complete 5 years with then only Company will liable to pay as per rule. But these words nowhere mentioned in offer letter or appointment letter."
When its term used "CTC" it includes all the benefits which the employee will get on short term long term Basis. In your case they have deducted amount (10% of CTC) & they told this will be given to you after completion of 5 Years. I think they have included "Gratuity" in you
CTC. But after all if this is "Gratuity" it can not be called "individual".
Now Coming back to your query of providing Salary Breakup. Its your right to ask for salary breakup. You said you have got appointment letter. Now, I can't understand why you have accepted it with out Break up & again you have worked for 10 more months, which is again unacceptable.
Secondly, if they are giving you payslip you might be having the salary break up in it. But please note, in Salary slip. only "Gross Salary" is being shown & not "CTC". Just for your knowledge that 'Gross + Employer's contribution of Statutory compliance = CTC", this formula is generally practiced in current pay-rolling process.
The new HR lady told you that "You will get all your remunerations which existing with your profile" means she has tricked you by saying you will get what you suppose to get, not that one what you are asking for. The question is you should have got "Full and final" payment & "Relieving letter". which will help you to get a new job. Its good if you already got it.
Lastly, you are in sales you have targets & uncertainty of jobs, but you also should be having high package. So my suggestion to you is rather then Spending time for Legal proceedings better spend time search good job. This time don't accept any verbal communication, Take everything in writing.
Still if you want to go for legal proceeding you may contact Local Labor commissioner office of Mumbai & file a civil suit with all available documents. The contact details will be available on internet.
Hope all doubts cleared.
Revert for any further query.
From India, Ahmedabad
From your following statement I am giving you answer.
"The reason behind 10% of remuneration is, employee have to complete 5 years with then only Company will liable to pay as per rule. But these words nowhere mentioned in offer letter or appointment letter."
When its term used "CTC" it includes all the benefits which the employee will get on short term long term Basis. In your case they have deducted amount (10% of CTC) & they told this will be given to you after completion of 5 Years. I think they have included "Gratuity" in you
CTC. But after all if this is "Gratuity" it can not be called "individual".
Now Coming back to your query of providing Salary Breakup. Its your right to ask for salary breakup. You said you have got appointment letter. Now, I can't understand why you have accepted it with out Break up & again you have worked for 10 more months, which is again unacceptable.
Secondly, if they are giving you payslip you might be having the salary break up in it. But please note, in Salary slip. only "Gross Salary" is being shown & not "CTC". Just for your knowledge that 'Gross + Employer's contribution of Statutory compliance = CTC", this formula is generally practiced in current pay-rolling process.
The new HR lady told you that "You will get all your remunerations which existing with your profile" means she has tricked you by saying you will get what you suppose to get, not that one what you are asking for. The question is you should have got "Full and final" payment & "Relieving letter". which will help you to get a new job. Its good if you already got it.
Lastly, you are in sales you have targets & uncertainty of jobs, but you also should be having high package. So my suggestion to you is rather then Spending time for Legal proceedings better spend time search good job. This time don't accept any verbal communication, Take everything in writing.
Still if you want to go for legal proceeding you may contact Local Labor commissioner office of Mumbai & file a civil suit with all available documents. The contact details will be available on internet.
Hope all doubts cleared.
Revert for any further query.
From India, Ahmedabad
If amounts stated in appointment letter are not paid to you then it is breach by employer.
The deductions from payouts/wages can not be made……………………..except statutory deductions e.g. PF,ESIC,TDS………………………..
You can lodge complaints with :
Inspector appointed under (name of the state) Shops and Commercial Establishments Act…….and it is one of the duties of the Inspector to ensure FnF wages/payouts and ll docs to the separated employee are paid in time i.e. last day in office/within next 3 days or max. usual pay day……………………. As per (name of the state) Shops and Commercial Establishments Rules employer has to maintain various prescribed registers/forms for the amounts paid,deducted and you can obtain from Inspector or thru RTI…………………and company can be penalized for falsification of records…………….
Inspector appointed under Payment of Wages Act
Labor Inspector
Complaint u/s 406,420 cam be filed
Winding up petition can be files as unpaid wages is debt on employer…
Complaint with thru Employee’s/Trade Unions like CITU,INTUC,AITUC,BMS etc can be filed……………
You may show all docs on record to an able Labor Law Consultant/service matters lawyer/law firm with confidence
From India, Chandigarh
The deductions from payouts/wages can not be made……………………..except statutory deductions e.g. PF,ESIC,TDS………………………..
You can lodge complaints with :
Inspector appointed under (name of the state) Shops and Commercial Establishments Act…….and it is one of the duties of the Inspector to ensure FnF wages/payouts and ll docs to the separated employee are paid in time i.e. last day in office/within next 3 days or max. usual pay day……………………. As per (name of the state) Shops and Commercial Establishments Rules employer has to maintain various prescribed registers/forms for the amounts paid,deducted and you can obtain from Inspector or thru RTI…………………and company can be penalized for falsification of records…………….
Inspector appointed under Payment of Wages Act
Labor Inspector
Complaint u/s 406,420 cam be filed
Winding up petition can be files as unpaid wages is debt on employer…
Complaint with thru Employee’s/Trade Unions like CITU,INTUC,AITUC,BMS etc can be filed……………
You may show all docs on record to an able Labor Law Consultant/service matters lawyer/law firm with confidence
From India, Chandigarh
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