Regarding job offer
Ganesh Babu S
(Querist) 26 January 2012
This query is : Resolved
Respected Sir,
My name is Ganesh Babu S and I am currently working in Williams Lea at Kochi. To give a background of myself, I worked in CRPF as Assistant Sub Inspector (Ministerial) from 10 July 2000 to 10 May 2008. Then I joined IBM (International Business Machines)on 12 May 2008 and worked there till 31 May 2011. Thereafter I joined Williams Lea on 13 June 2011.
During December 2011, I got a call from my previous manager at IBM stating that there is an opening in IBM for Band 5 (to work as a team lead. earlier I was under Band 4 when I left IBM)and if you like to join immediately. I said yes and also asked what would be my remuneration. He said that your Annual Remuneration would be 15% of the present CTC you are drawing at the present company. I agreed for the same though I had asked for 30% which is the norm. He said that they can maximum give 15% as I would be a rehire (joining back IBM within 1 year)and they have taken exceptional approval of the concerned for the same. Meanwhile on the insistence of my previous manager I submitted my resignation at my current job at Williams Lea on 13 December 2011 and I was asked to serve 2 months notice period till February 10 2012.
I was continuously following up with my Manager and the recruitment team for the issue of my offer letter. I was supposed to get the same during the first fortnight of January 2012. Here, I need to disclose my salary details. I joined Williams Lea on 13 June 2011 with CTC of 3.60 lakhs. When I was approached by my previous manager at IBM, I had asked for 30% hike however due to me being a rehire, he said the hike would be 15%. i.e., 4,14,000 as Annual Remuneration. I have a mail confirmation on the same. Now they have come back and said that they cannot give me the salary I was offered due to me being a rehire. The Comp & Ben team there is not agreeing for the same.
Now they are asking me to confirm whether I am able to join with the lesser salary being offered.
In this scenario, Its too tough to join back IBM with less salary and also it would not be nice to take back my resignation in the present company as now only 12 working days are left for my notice period to end.
I have all the necessary emails/correspondences I had with my previous manager.
Would I be able to sue IBM as this sudden turn of events has caused a lot of mental agony to me.
V R SHROFF
(Expert) 26 January 2012
Do not Join IBM.
WITHDRAW UR RESIGNATION IF ALLOWED.
& Forget
Ganesh Babu S
(Querist) 26 January 2012
Dear Sir
I cannot withdraw my resignation as my replacement has already been identified and is about to join the present company.
V R SHROFF
(Expert) 26 January 2012
Inform this Fact to IBM , issuing legal Notice.
See if new appointed person can join IBM, with consent of all?
Find Next Employer.
Sue IBM
Ganesh Babu S
(Querist) 26 January 2012
Dear Sir
Can I get any quotes from the Law or the relevant sections.
Devajyoti Barman
(Expert) 26 January 2012
It would be better if you rejoin WL.
Though you have legal recourse against IBM for breach of offer, taking tardy you are seeking pace of civil suit si in India the relief would remain elusive.
Raj Kumar Makkad
(Expert) 26 January 2012
You have already been advised very well.
prabhakar singh
(Expert) 28 January 2012
It shall take years and years to establish your rights through courts though you are on correct stand against IBM.
Mutuality is the law you are looking for and it is not a case of section and Act,the general law of contract applies,where things agreed between you two has to be enforced and breach by one is actionable by the other.But any contested litigation would prove another frustration to you because for verdict you might be posed in a circumstance to wait for more than 20 years.
