Dues not paid
Querist :
Anonymous
(Querist) 24 February 2011
This query is : Resolved
Hello Experts,
Our Appointment letter has an Annexure giving the salary break-up here a condition marked in "*" says that Performance Pay (a component of the salary) will only be paid if the employee is on the Rolls of the Company on the day of disbursement and also not serving a notice period.
Now,
1]Is this a valid and legal condition (defence)under the pretext that the Appointment letter forms a contract and therefore its contents are binding since the Appointment letter has been accepted
2]Can the company refuse payment and withhold a part of the salary for the period which the employee has worked / performed? What is the remedy?
3]What sort of Legal proceedings can be initiated by an ex-employee to get his rightful dues?
Devajyoti Barman
(Expert) 24 February 2011
1. If the annexure forms part of the letter i.e. acceptance then its terms(counter offer) will equally be taken into account and accepted immediately when employee takes up the job.
2&3. No. The employee can take appropriate legal recourse both under civil and criminal law like suit for recovery of money, crminal breach of trust etc.
Querist :
Anonymous
(Querist) 25 February 2011
But, this is slightly confusing. If, accepting the job is acceptance of the terms then on what grounds does one take recourse to proceedings under the Civil and or Criminal law?
