contract of service
Querist :
Anonymous
(Querist) 27 October 2010
This query is : Resolved
Hello,
An organisation recruited a candidate on contract for 3 years. The appointment letter stated the pay scale as follows: 21000 - 1050 - 27500 etc. However, after teh first year of his appointment, the company failed to pay him accordingly and whatever got added to his salary as increment never got added to his basic pay. The normal practice is to add the 1050 to basic which makes it 22050. This is vital since all allowances are computed as a percentage of basic. Can the company do so? is it not against what is promised in the contract? what action is possible?
Devajyoti Barman
(Expert) 27 October 2010
If the Company fails to honour the contract then you have the only option of going to the civil court for relief which is no doubt a time consuming process. However, if your Organisation is a Govt agency then you could file Writ in the high court.
R.Ramachandran
(Expert) 27 October 2010
Dear Anonymous,
Prima facie it appears you are entitled for increase in basic pay and consequently the allowances based on such basic pay.
Have you contacted your HR / Accounts Department? What is their response?
R.Ramachandran
(Expert) 29 October 2010
Dear Anonymous,
You have not responded yet to my query.
Querist :
Anonymous
(Querist) 29 October 2010
Hello Mr. Ramchandran,
I am sorry for the delayed reply. Actually I have spoken to the accounts department in my institute, who claims that talks are on for decision on inclusion of increment in basic pay. Many such discussions they claim have happened without any fruitful result.
My worry is that if in the past increments were added to basic, what is the reason now for a discussion and why is it not just part of routine to include increment within basic?
R.Ramachandran
(Expert) 29 October 2010
Dear Anonymous,
Now give your request for increment to the Department in writing.
s.subramanian
(Expert) 29 October 2010
I agree with Mr.Ramachandran.
Querist :
Anonymous
(Querist) 29 October 2010
Good Evening Mr. Ramachandran.
I think we have hit the nail on the head. Coincidentally today only I have forwarded my request in writing to the accountant. I have refused to collect the pay slip for the month, and my letter stated that once the discussions are over and the decision of inclusion of increment is taken, then I will collect all pending payslips. I hope that is fine.
On a negative note, The institution has not received this gesture very well. They never thought I would confront the matter through written communication. I hope this will not be taken against me.
R.Ramachandran
(Expert) 29 October 2010
Dear Anonymous,
I don't think you had any other choice.
The choice before you was either to keep quiet or to demand your due. If by demanding your rightful due if the other party does not like it, you cannot help it. Even if they take anything against you, you have to face it. So long as you are on the right, you will emerge stronger.
Kirti Kar Tripathi
(Expert) 30 October 2010
i am in full agreement with Mr. Ramchandran. In case, you want to fight against inaction, you have no choice except to file civil suit.
Querist :
Anonymous
(Querist) 30 October 2010
Hello Mr. Ramchandran,
It really makes me strong when I know I am right and that you strongly support the cause. But since yesterday, I can see the impact it has had on the concerned people here. The director, accountant, and others concerned are really putting on a harsh exterior and look very skeptical.
Is there any way I can pursue what is right and still not hurt anyone?
R.Ramachandran
(Expert) 30 October 2010
Dear Anonymous,
By giving a representation in writing you are not in any way hurting any one personally. After all you are asking for your due. You have no personal animosity with any one. Better do not discuss this thing with any one. Even if any one provokes you or ask you about your letter, you just pretent that it is only an ordinary letter, you do not attach any importance to it, after all it is only to help the Accounts people so that if the paper is with them, they will not forget and settle the matter at any point convenient to them. How the Accounts people always used to help you etc. etc. Only when you put up a show that you have given it in writing, let me see how they deny me my right etc. etc. the antagonisim will gain root and spoil the whole atmosphere. Keep cool, the thing will get settled sooner than later.
Querist :
Anonymous
(Querist) 30 October 2010
Thank you so much Mr. Ramachandran.
You have got the matter just right!
I now perfectly understand what you say and mean. But i have made one mistake. I told my intimate friends about the letter. as a matter of fact, they are also sailing in the same boat. However no one dared to speak to the higher authorities or give anything in writing. I only felt that if i discuss this matter with them, and they feel the same then I will get more support in terms of representtion. I was wrong, isnt it?
However, as per your advice, henceforth, I will not discuss the matter with anyone and let things happen. Thank you.
