Legal Question in Employment Law in India
i WORK IN SMALL SCALE INDUSTRIES (SPLINE GAUGES) AS ACCOUNTANT SINCE 2 YEAR 4 MONTH. AS ON DATE 10 DECEMBER 2012 I WAS RESIGNED FROM POST OF ACCOUNT ASSISTANT AND JOIN NEW COMPANY.NOW MATTER IS MY OLD COMPANY OFFER ME FOR REJOINING WITH SALARY 10,000.I REJOIN THE FACTORY FROM 2 FEBRUARY 2013.THIS 10,000 PAYMENT SETTLED WITH PARTNER DIRECTORS. AS ON SALARY DATE THEY HAD DEPOSITED MY SALARY Rs.7412 (GROSS 8150).WHEN I ASKED THEM MY SALARY IS 10,000 AND HOW YOU DEPOSITED Rs.7412 THEN HE TELL ME WE DON'T KNOW YOUR SALARY WE CAN ONLY PAY RS.8150 GROSS.ALSO TELL ME IF YOU NOT TAKE THIS SALARY YOU MAY RESIGNED OR NOT COME FROM TOMORROW IN FACTORY. I ARGUMENT WITH THEM FOR THIS CLEARANCE THEN THEY HAVE TOLD CLEARLY TO ME YOU DO NOT JOIN OFFICE FROM 1ST MARCH 2013
PLEASE SUGGEST ME PROPER REMEDY. I NEED TO FILE CASE AGAINST BOTH DIRECTOR FOR FRAUD & MISSTATEMENT. I HAVE NO ANY DOCUMENTARY PROF FOR 10,000 SALARY SETTLEMENT. BUT SOME STAFF & WORKER MAY BE GIVE THE STATEMENT BECAUSE AFTER THE 10,000 SALARY SETTLEMENT I WAS INFORMED THEM IMMEDIATELY WHAT DONE THE SALARY.
I AM REALLY IN UNDER PRESSER PLEASE SUGGEST SOME THING THAT CAUSE I NOT LOSS MY JOB AND ALSO GET THE 10,000.
3 Answers from Attorneys
10.03.2013
Dear Sir / Madam,
(Aurangabad, Maharashtra)
You should have insisted for a letter in writing that your salary has been increased to Rs. 10,000/- and only then you ought to have joined back your Company. Since you do not have any proof, the Management will deny you the increase in salary. It is advisable to look out for another job at the earliest as the present Company may keep on harassing you since you had resigned earlier. I doubt whether the present Company will pay you Rs. 10,000/- because they have cheated you by making verbal assurances to raise your salary.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
oral commitment is also a contract provided with the help of your collegues you will be able to prove it. If yes, you may file a complaint for balance of the salary and compensation for your termination including re-instatment.
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