Hi Swati,
I think you should not disclose the salary offered or the salary break-up in the offer letter.Which help the new joinees to bargain with some other companies.And likewise they negotiate with different companies and do join the first one.
I think this will help you out.
Best Regards
Shilpy
Executive HR-Admin
From India, Calcutta
I think you should not disclose the salary offered or the salary break-up in the offer letter.Which help the new joinees to bargain with some other companies.And likewise they negotiate with different companies and do join the first one.
I think this will help you out.
Best Regards
Shilpy
Executive HR-Admin
From India, Calcutta
Malikjs Sir,
You had mentioned that taking custody of someone's original marksheet is a criminal offence. Can you please tell under which section of CrPC is it a criminal offence. Thanks.
Krishan Mohta
From India, Calcutta
You had mentioned that taking custody of someone's original marksheet is a criminal offence. Can you please tell under which section of CrPC is it a criminal offence. Thanks.
Krishan Mohta
From India, Calcutta
Dear Krishnan,
Locking up the originals of employees by employer is not just unfair it is totally illegal and amounts to harbouring the 'bonded labour system'. Article 19 (1)(g) provides a citizen to practice any profession, or to carry on any occupation, trade or business. The employer is infringing the right of employee to practice the profession or occupation of his choice with some other employer by keeping the original documents with him. Now this is a fundamental right. This right can be restricted by the State Article 19 (6) by making a law in the interest of the GENERAL PUBLIC. No law has been made either by the Parliament or State Assemblies empowering the employers to impound the originals of the employees. Now, original documents are the property of the employee, the burden is on the employer to show the employee the existence of any law, bye-law, rules, notifications etc. allowing him to keep the original documents of the employee while issuing the appointment letter. As there is no such law, the employer cannot succeed. Further, keeping the original documents by the employer changes the relationship of employer and employee into one of mortgagor and mortgagee and the original documents become mortgaged property and this is not permissible in service law. The thin differentiating line between the employee and bonded labour is being gradually obliterated if the employer is allowed to retain the original documents. Now, most of my learned friends have seen the problem from the interest of employer and they presume that if an employee abruptly leaves the services, the employer's interests will be in zeopardy. The employer can protect his interest by appropriately framing the clauses in the appointment letter and appropriate damages if his interest is affected (for example, ifthe employee leaves the job during the lock-in period, he has to pay damages of certain quantity, 3 months notice or notice pay in lieu of notice and not taking up any new job within prescribed period in any other organisations, where similar business is going on etc.) But for achieving this end, forcing the employee to surrender originals is not permissible.
Now, how to solve this problem and stopping the employer from his high-handedness? This problem can be countered effectively if all the employees join together and write a complaint to area labour office, asking them to send labour officer to get the originals released from the employer and handed over to the employees. If the labour office will not act after receiving the complaint, file a writ petition in the High Court against the labour department as well as employer. A civil suit also can be filed against the employer seeking recovery of documents. The criminal case is not a proper solution in this regard. Individual also can fight writ case or civil case, but he will be victimised by the employer by terminating his services.
Regards
Soja
From India, Kochi
1Locking up the originals of employees by employer is not just unfair it is totally illegal and amounts to harbouring the 'bonded labour system'. Article 19 (1)(g) provides a citizen to practice any profession, or to carry on any occupation, trade or business. The employer is infringing the right of employee to practice the profession or occupation of his choice with some other employer by keeping the original documents with him. Now this is a fundamental right. This right can be restricted by the State Article 19 (6) by making a law in the interest of the GENERAL PUBLIC. No law has been made either by the Parliament or State Assemblies empowering the employers to impound the originals of the employees. Now, original documents are the property of the employee, the burden is on the employer to show the employee the existence of any law, bye-law, rules, notifications etc. allowing him to keep the original documents of the employee while issuing the appointment letter. As there is no such law, the employer cannot succeed. Further, keeping the original documents by the employer changes the relationship of employer and employee into one of mortgagor and mortgagee and the original documents become mortgaged property and this is not permissible in service law. The thin differentiating line between the employee and bonded labour is being gradually obliterated if the employer is allowed to retain the original documents. Now, most of my learned friends have seen the problem from the interest of employer and they presume that if an employee abruptly leaves the services, the employer's interests will be in zeopardy. The employer can protect his interest by appropriately framing the clauses in the appointment letter and appropriate damages if his interest is affected (for example, ifthe employee leaves the job during the lock-in period, he has to pay damages of certain quantity, 3 months notice or notice pay in lieu of notice and not taking up any new job within prescribed period in any other organisations, where similar business is going on etc.) But for achieving this end, forcing the employee to surrender originals is not permissible.
Now, how to solve this problem and stopping the employer from his high-handedness? This problem can be countered effectively if all the employees join together and write a complaint to area labour office, asking them to send labour officer to get the originals released from the employer and handed over to the employees. If the labour office will not act after receiving the complaint, file a writ petition in the High Court against the labour department as well as employer. A civil suit also can be filed against the employer seeking recovery of documents. The criminal case is not a proper solution in this regard. Individual also can fight writ case or civil case, but he will be victimised by the employer by terminating his services.
Regards
Soja
From India, Kochi
Hi all,
I was reading all the discussion regarding absconding after taking offer letter. The same problem is also faced in our organisation. I just want to know, how & what to write in offer letter without mentioning salary offered. If we will not mention details regarding salary will those candidate join?
Regards,
bandita
From India, Mumbai
I was reading all the discussion regarding absconding after taking offer letter. The same problem is also faced in our organisation. I just want to know, how & what to write in offer letter without mentioning salary offered. If we will not mention details regarding salary will those candidate join?
Regards,
bandita
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Offer letter.pdf
Sample Internship Offer Letter.doc