• Breach of employment contract

Can I sue my employer for delaying my appraisal(breaching the terms in employment contract)?
According to my contract, appraisals were supposed to be done in 1st week of October but they were done at the end of January (delayed by 3 months). Can I sue them for this?
Asked 4 years ago in Labour

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12 Answers

litigation is long drawn and expensive proposition

2) it is not in your interest to sue your employer for delayed appraisal

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

By complaining labor commissioner, u can recover left over which would have accrued if appraisal was made on time acc. to contract.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir, you can firstly issue a notice/ reminder to employer for your appraisal if he donot respond file a complaint before labour commissioner he shall try to reconcile and ask your employer to pay if your employer donot than pay then matter shall be put before labour court.

The labour court shall promptly decode the issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, you can sue them but i don't think it will help to you.

Pradeep Bharathipura
Advocate, Bangalore
5395 Answers
310 Consultations

4.5 on 5.0

For delay in preparing your annual appraisal report, you cannot sue your employer.

Did you try to obtain reason for this delay or not preparing your annual appraisal report.

First ascertain the reason and then plan further action on it.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Firstly, yes you can do that but subject to other conditions of your agreement.

Secondly, as they must have added something in it to safeguard themselves from the present situation.

Need to g through your contract then would be able to advice precisely.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) To sue employet in the court is not problem, if any how you have sue them in court it's ok.

2) The legal cost and you will be receiving three months difference cost you have to compare it, otherwise you can go with compromise with the management and have talk with them or you expecting appraisal agreement higher than what you have received it now.

3) Whether you company is private or public limited please clarify.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

These are very common in the corporate world. the appraisal and subsequent raise in the salary normally takes some time and in case you are taking any legal action against the company it means you are not interested to work there annual appraisal be done accordingly so it is your call the to go legal for this matter if you have any problem you may go to the High Court and file a mandamus writ for harassment against the CEO of a company.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

I have done many cases like this. Filing a case against an employer is not easy as he is likely to have better resources. However, this does not mean one should back off. There are several laws that are aimed at protecting the rights of employees.

As you stated that according to your contract, appraisals were supposed to be done in 1st week of October but appraisals were done at the end of January and delayed by three months. So please understand the company also owes you what it promises as per your contract, be it monetary benefits or otherwise. If the company fails to give you the dues, you can drag it to court.

You can approach the human resource department of your company in Pune. It will be in a position to explain where you stand legally and will help resolve the issue. You can also lodge a formal complaint directly with the department and should give it adequate time to evaluate your situation and suggest a solution. If you are not satisfied with the response, you can file a court case.

In case of a violation of your contract, you can file a case in a civil court. Cases of mental harassment can be filed in the civil court as well as a criminal court, if you add the charge of criminal intimidation. Consult a lawyer to see if your case can be settled through arbitration or by a labour tribunal as this is easier and more cost-efficient.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

Definitely you can sue your employer for the breach of work contract. The parties to the contract about to perform his part according to the terms of the contract. Fails to perform his part  gives the opposite party an opportunity to initiate proceeding under section 73/74 of the Indian Contract Act. You should initiate a civil suit against employer.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Yes,

You may proceed as it is likely to affect your career.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

There are always terms and conditions for the same. You can't compel your company to do the same. If you still want to proceed you can go for suit in civil court for specific performance of appraisal as per your terms of employment.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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