Hi, Don't Sign it. if you not comfortable in the Job you can quit the same after serving the notice period and then you can file suit for recover of arrears.
Company is not paying my salary and claims for not accepting their revised HR policy
Hi, I am working in Bangalore with a startup firm since 2016 April, i know the CEO who was my ex-colleague from my previous company. This is an IT services company. I join this company leaving a buy firm with the promise to give incentives for all the opportunities that i work on and close the deal. During joining he had promised he would pay me about 2Lakhs after completing 1 year as bonus, there is no record for this discussion. But after 1 year i had followed up multiple times and he gave excuses, BTW the company is doing really good now in terms of business. During the month of august we got a bigger deal for implementing a product and the client location is in the east of India with 60 working days. However i agreed to take this services and spent the entire 60 working days at the client site, during this period i had a argument with the My CEO on not paying the intensives that he promised and making me working on all opportunities and travelling. He then set me a message the previous night of the day when i need to come back to bangalore after project metioned 60 days, asking me to extend further. i came back to bangalore since i saw the message only after reaching bangalore. The day i rejoined the office he hands me over a revised HR policy stating the notice period for the permanent employee has been revised from 1month to 3months. i dint sign the paper and wanted to discuss with him in details. now that i have not signed he had held my salary and the claims that was spent during my stay for the project. He says if i don't sign the HR policy till then the salary would be held. The policy when i joined and signed states the notice period is 1month. Please advice what should i do in this case.
Asked 8 years ago in Labour
7 Answers
1) refuse to sign the policy note that you agree to serve for 3 months
2) resign from the company
3) serve one month notice period
4)if company fails to pay your salary dues file summary suit against company under Order XXXVII of CPC
5) in the alternative file winding up petition against company
This revised notice is invalid under Section 62 of the Indian Contract Act. He cannot compile you to sign HR policy, according to Section 62 of the Contract Act any novation in the contract needs consent of the parties if concert has not been given then actual contract will prevail. Therefore in this situation you can enforce actual contract by filing a civil suit or or an application before the labour Tribunal. In your case the actual notice period is one month, company cannot enforce revised notice perod of 3 month instead of 1 month.
The revised HR Policy is not binding upon you until you sign the same.
They cannot withhold your salary for the reason that you are not giving your consent to the extended notice period. If you resign now, at this stage, you will continue to be governed by the earlier Policy where under you were required to serve one month notice period. Write an E-mail to your CEO/HR seeking forthwith release of all your dues including the salary and incentive in arrears.
Send a legal notice in case they fail to comply with your e-mail.
If it is an attempt to deliberately harass you then send a legal notice to comply with the norms of the agreement of appointment.
GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
The employer cannot force you to sign a fresh employment agreement conditions, you can refuse to sign and stick to the old conditions that were signed by you when you were offered employment initially.
You can issue a legal notice demanding your arrears and the salary.
He cannot run the company at his whims and fancies by changing the company rules without the consent of the staff at any given time.
You can initiate proper legal actions for recovery and other issues.
Hello,
If you are not agreeing to the new policy then he can not definitely force you to sign the same.
Issue him a legal notice for releasing the salary and other dues
if he fails to do so file a case for specific performance of the contract.
Regards
