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harsh (undisclosed)     16 December 2011

Offer letter vs appointment letter

I received an offer letter from an organization. The offer letter had the details of the expected joining date, other basic employee benefits. Also it has some other extra terms which were that I will be paid a joining bonus and some negative terms that I have to the pay the co. 8% of my CTC in case i leave the organization before 1.5 yrs along with the joining bonus (as cost to the company for training and effort & time spent by team to get hold of the product knowledge). Also the offer letter said that a detailed employment letter will be issued to me later upon joining.

When i joined the organization, upon utter disbelief whatever was told to me during interviews was not correct. They hided many things during the interview discussions and never disclosed many key facts.

Even when I got my appointment it said that you will be governed by terms and conditions as per annexure 1 of the organization and there were many points which were never told to me (few are):

1) You will be on probation for six months.

2) The co can terminate your services without any reason during these six months.

I accepted the employment on these terms and conditions considering that the other negative conditions were not made part of it. It has been signed by me and the company’s HR on the company's letterhead.

Please note that there was nothing mentioned in my appointment letter or any enclosed annexure that I have to pay the co. 8% of my CTC in case i leave the organization before 1.5 yrs along with the joining bonus (as per my offer letter). There is no reference that any clause from the offer letter will form a part of my employment. Also there is no such organizational policy in this regard.

After around 23 days of working with them I have to leave the organization because of some personal reasons. I did not receive any salary till that time, no joining bonus, no Knowledge transfer sessions, nothing.

Now the organization has contacted me and asking me to pay them he agreed amount. I told them that these were not part of me employment letter but they are not listening. They are saying that this is as per offer letter.

As per my knowledge offer letter is a mere offer of employment and an individual can still decide not to join after signing the offer letter. However the appointment letter governs the terms and conditions of the employment and supersedes the offer letter.

I am really not sure. Please advise me that legally do I am still liable to pay them anything which they are asking for. Thanks!!!



Learning

 6 Replies

Kumar Doab (FIN)     16 December 2011

It is believed all the demands of the company for 0.8% of annual CTC are verbal and company has not demanded this payment from you in writing, and that you have submitted company property under acknowledgment.

If you have submitted the resignation letter effective immediately (without any notice of resignation) you are liable to tender notice pay as applicable to you. If you have the acknowledgment of resignation or if you have received the acceptance of resignation you may write to the good offices of the appointing authority, MD, Company Secretary, Head-HR, mentioning the concerned clause of termination of employment, to adjust  the notice pay @ basic pay (or as agreeable to you) in your FNF statement, and supply the same to you along with acknowledgment /acceptance of resignation ( if not received), work experience/service certificate, relieving letter,form16,PF number/accumulation report (as and when received)/withdrawal/transfer forms, salary slip, NOC/NDC, and if any amount is payable at your end as per the FNF statement,the same shall be paid by you by cheque favoring the company against acknowledgment.

The terms and conditions expressed in your appointment letter shall be applicable to you.

 

harsh (undisclosed)     16 December 2011

I am communicating with them over emails. I did not resigned immediately. I left the organization and send the resignation after 2 weeks to them over the mail. I have no intellectual or any other property of the company with me. 

As per a clause in the appointment letter

a) in case a employee leaves the organization within one month of joining then the first months salary is not paid.

b) In case of resignation by an employee during the probation period the last working day will be decide by the mgt which in no case should be more than 15 days.

Let me know in case any other detail required to assess it better

V. VASUDEVAN (LEGAL COUNSEL)     16 December 2011

You are liable to pay any thing to the Company and in fact you should be paid the 23 days salary for the probation. If the Company can terminate you during the probation without assigning any reasons, so ca be done by you as well.

harsh (undisclosed)     16 December 2011

didnt get it sir!! am i liable to pay the co

harsh (undisclosed)     16 December 2011

This is the last commnication which i have received from them:

 

We are not able debate over the mails about terms and conditions etc. As per our company offer letter and appointment letter (which you have accepted) certain terms and conditions are not full filled.

 

We have communicated lot over the mails for past few days on this issue, once again I advice you to meet us to understand the process.

 

I will wait till Thursday next week i.e. 22nd December 2011 failing which I will send your file to our legal consultant for the necessary action.

Kumar Doab (FIN)     16 December 2011

Learned Mr. Vasudevan has given valuable advice. Kindly follow it.

Approach elders in the family, competent and experienced well wishers, trained legal mind/lawyer/law firm and submit a carefully drafted reply and focus on your current/future ventures.

There is nothing wrong meeting them afterwards. However you should submit the minutes of discussion and close the issue.


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