Dear Client,
In offer letter CTC is mentioned. They can only deduct some statuary deduction like PF, ESI, Welfare Fund from the mentioned CTC. Finally, your CTC mentioned in the offer letter should tally the the CTC mentioned in the Salary Slip.
Is a company liable to pay the salary mentioned in offer letter
The situation is interesting so please don't judge me based on my question. I am working for a US based company who contracts a HR intermediary to pay my salary. The HR company takes ~30% cut for this. Recently the US company asked to make an adjustment to my salary. The HR intermediary sent me an offer letter. However, in the offer letter they mentioned it as increase and put the salary as 12x of the salary US company wants me to pay (12x since they made yearly salary as monthly salary). After receiving the signed offer letter, I sent it back to them, asking them to re-check the numbers. Almost 3 weeks later, they sent it back to me, telling that they have confirmed that this is correct numbers. My question is: If I sign the letter and send them back, are they liable to pay me the amount they mentioned in the offer letter ? Or is the offer letter a non-binding document and the company can pay me as they deem fit ? (The money I am talking is significant amount so even couple months salary will make a huge difference ).
Asked 5 years ago in Labour
16 Answers
Offer Letter has to be followed so sign and send back.
company is bound to pay the amount mentioned in appointment letter
2) company cannot pay you as it pleases
An offer letter is both a policy document and a legal contract. As per Indian Contract Act, a legally valid contract should be legally enforceable in nature and spirit.
Yes.
Pay acc. to offer letter.
If that offer letter was made between some arrangements with you guys then you can't claim it if you claim the same they will cancel you service contract. For claiming it also you need to file the claim in that country
1. yes they are liable to pay the said amount.
2. That is the essence of the offer letter that the company and the employee both agree to the conditions as stipulated therein.
Regard s
Yes they have to pay you the agreed amount. The offer letter can be binding agreement and it can be admitted in the court. Yes you can contest based on same.
Thanks for the answers. Really appreciate it. As a followup on it: -- The agreement is signed and forwarded through email conversation between me and the company rep and signed by their CEO. (no notary or stamp paper used). Is this still a valid document ? -- Due to 12x of actual valuation, the contract is now a salary of ~6 CR per year. Can the company argue to deny the salary based on the fact that the amount doesn't justify the work profile ? I am trying to figure out if there is legal standing for me to even try to start serious conversation with lawyers near me. Thanks
Asked 5 years ago
You need to interpret the same as per the law of the state in which the company is situated. I feel you have a standing. But it's not ethical on your part to do that
Yes the agreement on plane piece of paper signed by both parties is a valid document.
See they can argue still you can contest based on the agreed amount.
Yes, it is a valid document.
company can claim the same to be a typographical error but nonetheless you may file the case since they are contractually obliged
It is a valid document
2) company cannot refuse to pay salary agreed upon on grounds that it is not justified by work profile
If the agreement of employment is done between the party and you have performed the giving job the company is liable to pay your salary and you may file a civil suit in this regard to recover the amount including the legal charges, compensation and interest.
This is service(Not a commercial one) contract so no need of Notary and stamp paper who so ever has signed are liable and responsible in future. no matter what has been written has to be followed so don't confuse and go ahead.
In actual, agreement not duly executed but adopted practice in off shore agreements.
Since company is settled out of India, so if any dispute arise, legal remedy may not enforce. All make sure, not make any payment to them.
Yes the company is liable to pay the salary mention in the offer letter if it is duly signed and sent to them.
The offer letter is a binding document to both employer and employees and company cannot breach the clause according to its convenience.
