Go Back   Team-BHP > Around the Corner > Shifting gears


Reply
 
Thread Tools Search this Thread
Old 11th October 2012, 19:48   #31
BHPian
 
Join Date: Apr 2007
Location: Bangalore
Posts: 289
Thanked: 94 Times
Default Re: Need Help/Advice : Is signing a BACK-DATED Appointment letter Illegal ?

Quote:
Originally Posted by aaggoswami View Post
I am not married, and financially, I am still not a significant contributor to family. No problem on this front.
In that case, just stop going to office. No point working in an unethical environment. It will just spoil your mood and intentions.
zoombiee is offline   Reply With Quote
Old 11th October 2012, 19:57   #32
BHPian
 
hrman's Avatar
 
Join Date: Jun 2006
Location: Bangalore
Posts: 875
Thanked: 296 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

It is unfortunate what you have to go through.
Don't fret. Just don't sign on that backdated letter. If they terminate you, let them do so. You can always say you were offered a much lower salary than what was in your offer letter and when you didn't accept it, they terminated your employment. You can show your bank statement with salary credit and offer letter to substantiate this fact to your new employer.


And look out for a new job. Since its only 2 months since you have joined, am sure you have at least one or two offers which you considered before taking up this job.
And don't go the legal way. Its not worth it. If you want to put a scare in them, you can send a lawyers notice (Any lawyer will do this for you at a reasonable cost) informing them of unlawful termination and threatening to go to the labour court, press and social media.
No organisation wants mud on their faces.
hrman is offline   Reply With Quote
Old 11th October 2012, 19:59   #33
Senior - BHPian
 
pjbiju's Avatar
 
Join Date: Apr 2006
Location: Karamattom, Aluva, Kotagiri, Yercaud, Hospet, Indore, Nashik, Pune (now)
Posts: 1,167
Thanked: 433 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

Quote:
Originally Posted by aaggoswami View Post
Hi...
This is my story...
Currently I am working for a Pvt. Ltd. Firm in BIDC, Gorwa GIDC.

1) I got offer letter signed by DGM of a company on Jul 28, 2012. this letter did not have any financial commitment or figures. In a separate excel sheet printout, CTC shown to me was Rs. X.XX lakh. HR lady claimed that I will be getting Rs. XXXXX as bonus this year. The excel sheet she gave me did not have anybody's signature.
Do you have any other communication (email/sms etc.) that mentions your CTC? Does this offer letter mention about the attached excel sheet and remuneration details? I assume the answer to both the above questions is a NO. In that case it would be difficult to claim/prove this as your original remuneration unless they have a computerised salary system that tracks changes/modifications to the salary structures of their employees. And that would be available for an investigating agency. Does the excel sheet show the break-up of your salary as basic pay, HRA, conveyance allowance, other allowances etc.?

Quote:

2) On Aug 1, 2012 when I joined, they gave me appointment letter. This appointment letter was signed by M.D. of this company and had salary of Rs. ABCDEF/- per month. This was singed by M.D.
The company has to honour this salary amount. Does this amount include all components of your salary (basic, HRA, Conveyance allowance, Other allowances etc.) or is it mentioned as a lumpsum amount per month? Do your salary slips show the various break-ups? If possible have a look at the offer letter of any other employee and see what all does it contain.

Send (if you have not done this already and whether you plan to pursue it legally or not) an email to HR (and a copy to your boss and department head) stating that in the original offer letter, the company had promised you a salary of xx lakhs per year and a yearly bonus. However in the appointment letter given to you at the time of joining, the company has put a monthly figure that is less than the originally promised remuneration. Ask them why these are different and why the details of the annual remuneration are missing?

Quote:
When my first salary came, I was shocked that it was less than Rs. ABCDEF. It was less than half of what was claimed in appointment letter signed by M.D. I went to HR for clarification. This happened in end of August. No solution came out and I kept on working with the best of my efficiency and thought that this was my Fate.
In the above email include this question as to why the salary paid to you does not match with either the original offer or the offer given at the time of appointment.

Quote:
Now in October they are now asking me to sign a new Appointment letter where in my salary is very less. Less than even what was claimed in excel sheet given to me on July 28, 2012. I am given just two options, first to sign a new Appointment letter dated August 1, 2012 in this month or lose job.

To the best of my knowledge, signing a new Back Dated appointment letter is illegal and also my salary is being reduced.

Now, I have not asked for more money at any point of time, despite being paid less than what I am legally entitled to.
HR and my boss jointly raised this issue and now are asking me to either sign a new appointment letter dated Aug 1, 2012 in the month of Oct, 2012 else get fired.
Openly, my boss said that I can also take harsh steps if I want to, but the organization being big, wont be affected.

Do tell me your views so that I can cope with this blunder made by HR.

EDIT : I am open to new appointment letter with less salary, but the new letter must be of Oct, 2012 and not Aug 2012.
Finally, continue to do as you are doing - give your best to the job even if they are crooks. One should not loose one's own personal conviction and integrity because others are bad.

If you really are willing to continue (until perhaps you find another job) with this job with a lesser (the latest offer) salary ask the management to provide you with an offer letter that is dated now but they can clearly mention that they had made an error in offering you a higher salary in the original appointment letter and that the new remuneration package has retrospective effect from 1-Aug-2012. You can send this suggestion again to HR & your boss via email.

You should not have an issue in signing that letter. You can also check (if possible) what they are paying to people of your qualification and experience and if it is close to what is being offered to you now, they may have genuinely made a mistake. But it looks like they have no idea how to deal with that. In any case they cannot hold you responsible for any financial fraud.

Please make sure to keep your personal email ID on cc if you are using the company email ID to send the emails. Also take printouts (save the .pst) files of your communication.

About terminating the job - most of the companies have a clause that permits them to fire an employee without assigning any reason whatsoever. (Same as what the employee can do - leaving the job anytime). Both the parties can usually pay the other in lieu of any notice period.

And in the worst case, signing the backdated letter will not have any legal issue as long as you agree to that and are willing to receive the lower remuneration. If you are willing to make that temporary compromise, it is still alright, if the job gives you the opportunity to learn/improve your skills. If it does not, start looking for a new job and quit once you find one. This experience itself would be a learning for you and will help you when you take up new jobs in the future.

-Biju

Last edited by GTO : 12th October 2012 at 08:29. Reason: Editing quoted post which has been edited
pjbiju is offline   Reply With Quote
Old 11th October 2012, 22:04   #34
Senior - BHPian
 
aaggoswami's Avatar
 
Join Date: May 2007
Location: Vadodara
Posts: 4,628
Thanked: 1,318 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

Quote:
Originally Posted by F150 View Post
The country is now full with such un-ethical organisations and people.

Do not sign the backdated offer later. Its ok to loose the job, you have the skill and I am pretty sure you will find a new one.

As you don't have any financial obligations to meet, I think it is better you get out of the that organisation at the earliest and start your job search.

You want to teach them a lesson, well the impulsive reaction is YES. I would suggest you find a new job quickly and deal with the old orgnaisation later legally ofcourse.

PS: CTC details in Excel sheet was fishy to start with, usually offer letters are printed in PDFs with the company logo.
True, the trust factor is now Zero.

Quote:
Originally Posted by Jaguar View Post
Don't sign anything or resign. Let them fire you first. That way they'll have to give some reason and be legally entitled to pay you the dues and notice period pay as per the original offer letter (you can send a legal notice for this). They will also have to correct the PF and ESI mismatch which IMO is a big accounting headache.

Also, send an email to the HR and your manager from your official email id asking for the reason for a backdated offer letter. Don't be aggressive, just state that you are willing to sign in case a fair justification is provided. If they give a justification, sign the letter and look for a new job. If they don't and fire you, you can use this letter as proof that you were not fired for any un-ethical behavior. Do take prints of these email interactions and also forward these to your personal mail id.
Yes, I am in favor of getting terminated. Reason being :
I did not give up on company, company had to lose my services due to its own errors.

Quote:
Originally Posted by mayankk View Post
I refused, and they threatened to terminate.
I quit, got the bile out of my system with the HR and the management, went home and sat looking for about 2months, and had the best ever employment post that with a biggie.

I was not a fresher, nor was it so that I had no liabilities.

But I had to go that place for about a week while the discussions were happening about how I could be blamed, and I had already lost the will to work for those guys, and it was hell to go to that place for those few days even.
Anxiety, irritability, anger, depression.
Yes, daily the above four mentioned emotions are a real headache. Truly, I am now waiting for them to take a step further.

Quote:
Originally Posted by govigov View Post
"that if you don't sign the new offer letter, you will get fired." , Can you get that on tape? If in case they fire, you could use that as proof for wrongful termination of contract.
Quote:
Originally Posted by vivekiny2k View Post
Using tape is very difficult AFAIK, doesn't it have to go thru a whole forensics test before it can be admissible in court?

That is illegal. Recording a manager/DGM voice in the office premises amounts to a legal offense. That is what I know, kindly update me if you have further information on this.


Quote:
Originally Posted by pganapathy View Post
My suggestion is collect all the information and documents you can and refuse to sign the letter. You are lucky to be in a position where you can afford to quit and wait a few months for another job.

Start looking for a new job immediately and once found, give them notice as per the letter you have signed now so that they have to pay you for that. Otherwise they will give you nothing.

If they do fire you, they will have to follow the law, which says giving you x amount of time notice and payment for that time. Please check the letter you signed for these details.
Yes, certainly not an organization worth investing time in. Certainly they have more dirty stuff up there.


Quote:
Originally Posted by ViMo View Post
A friend of mine joined a large MNC as a Sr. Project Manger and he caught in between some bitter politics prevailing in the organization. After about 4 months of his joining he was asked to resign or they terminate him. He stood his ground and opted the later. They terminated him immediately citing various dubious reasons which amounts breach of contract. He sent a legal notice and they withheld his notice pay (2 months pay).
The first hearing came at a labor court after few moths and the presiding officer went heavily on the company. After another couple of hearings the company decided to settle the matter out of court for a handsome compensation (close to 6 months of his pay + lawyer fee) which my friend accepted. Of course my friend had a good lawyer on his side.
Though there were few mistakes from friend’s side he was helped by our labor laws which are more inclined towards and employee than employer.
When I had my internship in MNC, even for interns, the internal politics was too much to handle. Eventually when they realized my potential, they ended up giving me access to their MIS and were appreciating my performance. Later on when the internship was getting over, a very high level manager said Sorry to me and my friend. It does take time to earn respect, but you do leave a lasting impression with real values.


Quote:
Originally Posted by lsp View Post
IMHO, start looking for a job and as soon as you get one, render your resignation, in which you should also ask them to settle all dues (less salary since Aug).

Litigation should be the last resort, if they dont pay you the dues. Be prepared (but not eager) for that. As stated earlier by people, keep copies of all communication. Easier said than done, but as far as possible keep future communication in writing. All mid & high range mobiles have voice recorders, use it. Though I am not sure if a voice recording is an accepted form of proof.

As for long term perspective, this company is not the place where you should be looking to make a career for yourself.

Good luck!!
Yes, its not a firm worth working. This signing of back dated letter is unethical in the first place. There is no guarantee that things wont get worse in future.

Quote:
Originally Posted by zoombiee View Post
In that case, just stop going to office. No point working in an unethical environment. It will just spoil your mood and intentions.
Yes, it has certainly spoiled my mood. My initial enthusiasm to work is now all lost. Though, I still fulfill the assigned tasks. At the end of the day, I dont want my work to get affected at any cost. Reason being, if I let my work get affected, it means there is very little to differentiate between unethical firms and me.

Quote:
Originally Posted by hrman View Post
It is unfortunate what you have to go through.
Don't fret. Just don't sign on that backdated letter. If they terminate you, let them do so. You can always say you were offered a much lower salary than what was in your offer letter and when you didn't accept it, they terminated your employment. You can show your bank statement with salary credit and offer letter to substantiate this fact to your new employer.


And look out for a new job. Since its only 2 months since you have joined, am sure you have at least one or two offers which you considered before taking up this job.
And don't go the legal way. Its not worth it. If you want to put a scare in them, you can send a lawyers notice (Any lawyer will do this for you at a reasonable cost) informing them of unlawful termination and threatening to go to the labour court, press and social media.
No organisation wants mud on their faces.
True. And once this issue gets legal, things would automatically get settled down fast in positive way.

Quote:
Originally Posted by pjbiju View Post
1) Do you have any other communication (email/sms etc.) that mentions your CTC? Does this offer letter mention about the attached excel sheet and remuneration details? I assume the answer to both the above questions is a NO. In that case it would be difficult to claim/prove this as your original remuneration unless they have a computerised salary system that tracks changes/modifications to the salary structures of their employees. And that would be available for an investigating agency. Does the excel sheet show the break-up of your salary as basic pay, HRA, conveyance allowance, other allowances etc.?

2) The company has to honour this salary amount. Does this amount include all components of your salary (basic, HRA, Conveyance allowance, Other allowances etc.) or is it mentioned as a lumpsum amount per month? Do your salary slips show the various break-ups? If possible have a look at the offer letter of any other employee and see what all does it contain.

3) Send (if you have not done this already and whether you plan to pursue it legally or not) an email to HR (and a copy to your boss and department head) stating that in the original offer letter, the company had promised you a salary of xx lakhs per year and a yearly bonus. However in the appointment letter given to you at the time of joining, the company has put a monthly figure that is less than the originally promised remuneration. Ask them why these are different and why the details of the annual remuneration are missing?

4) Finally, continue to do as you are doing - give your best to the job even if they are crooks. One should not loose one's own personal conviction and integrity because others are bad.

5) If you really are willing to continue (until perhaps you find another job) with this job with a lesser (the latest offer) salary ask the management to provide you with an offer letter that is dated now but they can clearly mention that they had made an error in offering you a higher salary in the original appointment letter and that the new remuneration package has retrospective effect from 1-Aug-2012. You can send this suggestion again to HR & your boss via email.
1) Yes it does show all the details, but the amount, now the company claims, is not payable to me. What was initially promised is not being fulfilled. HR laid false claims.

2) In detail everything is provided.

3) That is last resort, this mail could lead to instant termination without payment. And the only option would then be legal one.

4) Correct. I would never let my work get affected.

5) I already tried this option, but they are not ready to budge at any cost. I already tried this option, but they are not ready to budge at any cost.


Quote:
Originally Posted by mmmjgm View Post
1) Save yourself the bother, get another job, even if you have to sit idle for a while, meanwhile for the peace of your own mind and reconfirming the advise to move out of this organisation its better to consult a lawyer, there you will get the best advise, naturally, again litigation comes at a cost in terms of money and time taken. Both are not worth it.

2) If you sign the letter and accept the new terms, they will harass you on reference checks later on . Better to document everything and quit. Again, the company is not worth staying on.

3) Bonus is 100% dependent on company, they can set up any benchmarks, and is a privilege not a right, despite it being mentioned in the offer/appointment letter. By law, if profitmaking and over 5 years in profit, the company under the bonus act is liable to pay you only 8.33% of gross take home annual ctc.

4) Once again, wonder what was the reason for you to put the company's name out in public (on a searchable open forum) , if they backtrack and say that we never gave you the new option of a revised joining letter this post/thread of yours ends up being called as "defamation activity on your part against the company".

5) Even if you do accept the new arrangements, there is NO guarantee that this won't repeat again, better work for a reliable and honest company than to work for companies who can go back on a written letter.

6) Under any circumstance, do not sign the new/updated/lower appointment letter, its a crime, they WILL hold it against you depending on the circumstances.
1) Agreed, I am considering legal options also consulting CA.
2) Yes, even a slight error would be made a big issue without any reason. I am aware of this risk. Chances are : even if I sign, they wont let me work for long.
3) This is a pvt. ltd. firm, and I am not having access to balance sheet to know if they are actually making profit. In any case, they wont be paying my any bonus this year which is against what they had earlier claimed.
4) I can claim that less salary was being paid to me. I have proof of that. Moreover, this is also an online thing which will help me in case the firm decides to just speak "This case never existed".
5) 100% true. As I mentioned earlier in my post, the trust factor is missing. Ego, ethics and laws are already broken by the demands made by firm on me. The remaining factor of trust, which cannot be quantified, is just lost.
6) For sure my work wont be affected. If it did, I would one of those who believe in unethical practices. My parents were very clear from day one of this issue and asked me if I worked properly or not. I replied that work is work and I wont break company's trust on work parameters.



Thanks a lot guys with your views. With your views and guided understanding, I was able to talk firm with HR. HR lady admitted that this demand from their side was not ethical atleast. Regarding legalities involved, she was quiet. Thanks guys for warning me. And thanks a lot TBHP!

Last edited by aaggoswami : 11th October 2012 at 22:10.
aaggoswami is offline   Reply With Quote
Old 11th October 2012, 23:01   #35
Team-BHP Support
 
noopster's Avatar
 
Join Date: Feb 2010
Location: Pune
Posts: 8,625
Thanked: 9,096 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

First of all, "on-paper" salary is not necessarily what you will get: companies (even large corporates) have clever ways of calculating "CTC" (cost to company). For example, my company always issues offer letters assuming 100% variable component payout. Since the variable component is considerable, especially for senior roles, you could end up getting less (in current environment) or MORE (in boom time) than what your letter says.

But secondly, and more importantly, work environment is very important for peace of mind. I personally find that working around good people keeps me productive and happy and working around bad people is very demotivating and anxiety-inducing. The way your manager reacted (passing the buck to HR) and the HR people are as well, I suggest you lose no sleep over this. Just put in your papers and make sure you communicate the reasons very clearly: your disappointment at the company's lack of transparency and your unwillingness to go along with something that sounds borderline if not outright illegal.

There are surely better companies out there to work with!
noopster is offline   Reply With Quote
Old 13th October 2012, 07:26   #36
Senior - BHPian
 
aaggoswami's Avatar
 
Join Date: May 2007
Location: Vadodara
Posts: 4,628
Thanked: 1,318 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

Quote:
Originally Posted by noopster View Post

1) First of all, "on-paper" salary is not necessarily what you will get: companies (even large corporates) have clever ways of calculating "CTC" (cost to company). For example, my company always issues offer letters assuming 100% variable component payout. Since the variable component is considerable, especially for senior roles, you could end up getting less (in current environment) or MORE (in boom time) than what your letter says.

2) But secondly, and more importantly, work environment is very important for peace of mind. I personally find that working around good people keeps me productive and happy and working around bad people is very demotivating and anxiety-inducing. The way your manager reacted (passing the buck to HR) and the HR people are as well, I suggest you lose no sleep over this. Just put in your papers and make sure you communicate the reasons very clearly: your disappointment at the company's lack of transparency and your unwillingness to go along with something that sounds borderline if not outright illegal.

There are surely better companies out there to work with!
1) I was clarified that I would be getting certain amount this year. When I demanded, they flatly refused. Moreover, I was aware of On hand and CTC game, as CTC also includes PF contribution from my side and the company's side ( in my CTC atleast ). So that was it was also clear that some incorrect information was provided to me.

2) True, the will or rather the inner urge to go there is lost. Its now rather a more mechanical thing. Adding to troubles is missing trust factor from either sides. This amounts to mental torture I must say. No trust, no enthusiasm to work, etc. combined with other negative emotions.

UPDATE:

Yesterday, I was given an apology letter in letter head of my firm. This apology letter was signed by an HR consultant ( who, the firm believes, is instrumental in Solving my case ).
REASON : IT WAS A HUMAN TYPO ERROR.

I am losing Rs. 2.52 lakh with the new deal company has managed to strike. Certainly I am not happy with this. A simple typo error leads to such a big amount of loss for employee, an employee who had let govt. jobs slip out of his hand for this firm.

As you all had mentioned, this was a clear cut case of unethical and even illegal practices followed in the organization. A simple typo error committed by HR leads to a big loss for an employee and yet, the firm is constant that I have to sign a letter. The game here is that the letter given to me as apology does not have any permanent employee's signature who also has to be competent authority.
aaggoswami is offline   Reply With Quote
Old 13th October 2012, 10:47   #37
BHPian
 
hrman's Avatar
 
Join Date: Jun 2006
Location: Bangalore
Posts: 875
Thanked: 296 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

Quote:
Originally Posted by aaggoswami View Post
UPDATE:

Yesterday, I was given an apology letter in letter head of my firm. This apology letter was signed by an HR consultant ( who, the firm believes, is instrumental in Solving my case ).
REASON : IT WAS A HUMAN TYPO ERROR.

As you all had mentioned, this was a clear cut case of unethical and even illegal practices followed in the organization.
Whoa whoa whoa. Are they now giving it in writing that they made a typo error and asking you to accept a 2.5L lesser salary. There are now two options fomr what I can see.
Option 1. If you are ok with the lesser salary, till such time you get a better job, sign on it and continue.

Option 2. Just resign and get out of there ASAP. You can make more productive use of your time at home for looking for a better job with an ethical organisation.

I would have gone ahead with Option 2. Its not worth continuing any further. Im sure this is what they want and what will give you some amount of relief as well. No point being associated with an unethical organisation. But hey, that's just me. You need to weigh your options and take a decision which you can live with and dont regret.
hrman is offline   Reply With Quote
Old 13th October 2012, 11:01   #38
BHPian
 
Join Date: Oct 2010
Location: N Delhi
Posts: 396
Thanked: 177 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

Quote:
Originally Posted by aaggoswami View Post
1) I was clarified that I would be getting certain amount this year. When I demanded, they flatly refused. Moreover, I t I have to sign a letter. The game here is that the letter given to me as apology does not have any permanent employee's signature who also has to be competent authority.
First off, congratulations - You have brought it on record, atleast by implication, that there is NO problem with your efficiency, integrity and professional capability. Their ability to victimise you with false allegations, should you decide to leave this job, has been curtailed to some extent.

Secondly they are now trying to shift the blame on someone else to escape their legal liability.

Now you need to mull over whether this place is worth your time and how you want to shape your future professional career. Best course is, as everyone is suggesting make an exit. If you do exit these scumbags will most likely ask you to enter into a settlement foregoing your monetary claims and insuring them against any future legal liability, as a quid pro quo for references which do not show you in a bad light. Bargain, make a deal and exit. You will be better off for doing so.
RS_DEL is offline   Reply With Quote
Old 13th October 2012, 11:46   #39
Senior - BHPian
 
mayankk's Avatar
 
Join Date: Apr 2010
Location: New Delhi
Posts: 4,043
Thanked: 3,175 Times
Default

They're still yanking your chain.
No authority figure has put pen to paper.
I'd say time to start popping up on consultants radars, no?
mayankk is offline   Reply With Quote
Old 13th October 2012, 14:26   #40
BHPian
 
huntrz's Avatar
 
Join Date: Feb 2007
Location: Hyderabad
Posts: 66
Thanked: 18 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

This is what my elder brother had to say. He is not a member here but wanted this message to be posted. He has switched quite a number of companies in his career and has dealt with a variety of Bosses and HRs-


If the company is big there must be a compliance dept.
1. He should contact his compliance officer.
2. If there is no reportee under him, he is liable to be protected by
labor court. The filing of case is very easy and less expensive.
3. The HR is trying to hide his/her mistake from his or
her boss. 90% chance is that if the HR head or some body holding a
responsibility of total operations in India, is contacted HR and his
boss may loose his or her job.

My suggestion to every one in private sectors especially working in
MNC giants should know their compliance officer for India and APAC/Top
Boss of the company in India and his Boss/HR head Global with Phone
no. and e-mail I.D.

Please keep in mind any MNC can not afford to violate the law of the land.
huntrz is offline   Reply With Quote
Old 13th October 2012, 19:33   #41
Senior - BHPian
 
aaggoswami's Avatar
 
Join Date: May 2007
Location: Vadodara
Posts: 4,628
Thanked: 1,318 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

Quote:
Originally Posted by hrman View Post
Whoa whoa whoa. Are they now giving it in writing that they made a typo error and asking you to accept a 2.5L lesser salary. There are now two options fomr what I can see.
Option 1. If you are ok with the lesser salary, till such time you get a better job, sign on it and continue.

Option 2. Just resign and get out of there ASAP. You can make more productive use of your time at home for looking for a better job with an ethical organisation.

I would have gone ahead with Option 2. Its not worth continuing any further. Im sure this is what they want and what will give you some amount of relief as well. No point being associated with an unethical organisation. But hey, that's just me. You need to weigh your options and take a decision which you can live with and dont regret.
1) Looking for this option. Its better to get some experience. But if things are getting worse, I am out of this ogranization fast.

2) Its just a matter of time ( very short ) before things get on threshold. I am out then.

What you have stated is true. Now, things are actually getting dirty and purely political rather than issue oriented.

Quote:
Originally Posted by RS_DEL View Post
First off, congratulations - You have brought it on record, atleast by implication, that there is NO problem with your efficiency, integrity and professional capability. Their ability to victimize you with false allegations, should you decide to leave this job, has been curtailed to some extent.

Secondly they are now trying to shift the blame on someone else to escape their legal liability.

Now you need to mull over whether this place is worth your time and how you want to shape your future professional career. Best course is, as everyone is suggesting make an exit. If you do exit these scumbags will most likely ask you to enter into a settlement foregoing your monetary claims and insuring them against any future legal liability, as a quid pro quo for references which do not show you in a bad light. Bargain, make a deal and exit. You will be better off for doing so.
Well, the HR claimed that they are giving a lot of gifts in festivals to labor commissioners. this was really shocking. In short, indirectly they also informed that going legal wont help. I know my worth better than this organization now, and I am sure things would be better in future. This is such a blunder/error and bad politics and illegal, that actually I dont want money from this organisation.
I did talk to lawyers and they did say that signing a letter like this might easily amount to fraud and evasion of tax.

Quote:
Originally Posted by mayankk View Post
They're still yanking your chain.
No authority figure has put pen to paper.
I'd say time to start popping up on consultants radars, no?
Yes, the higher authority has not signed and hence, I still have a strong case. Considering my options and would be getting out soon.

Quote:
Originally Posted by huntrz View Post
This is what my elder brother had to say. He is not a member here but wanted this message to be posted. He has switched quite a number of companies in his career and has dealt with a variety of Bosses and HRs-


If the company is big there must be a compliance dept.
1. He should contact his compliance officer.
2. If there is no reportee under him, he is liable to be protected by
labor court. The filing of case is very easy and less expensive.
3. The HR is trying to hide his/her mistake from his or
her boss. 90% chance is that if the HR head or some body holding a
responsibility of total operations in India, is contacted HR and his
boss may loose his or her job.

My suggestion to every one in private sectors especially working in
MNC giants should know their compliance officer for India and APAC/Top
Boss of the company in India and his Boss/HR head Global with Phone
no. and e-mail I.D.

Please keep in mind any MNC can not afford to violate the law of the land.
Thanks to your brother huntrz! But what I heard from HR was shocking. They regularly give gifts to labor court judges and officers. And I confirmed via other contacts that they really do it. This made me wonder what would be cost at the end to sue these humans. Reporting would be done once I am out, which would be soon. My boss effectively turned away from this problem once he realized the depth of problem. I never expected him to walk out so quickly.
And to all those whom I talk to in the firm, all are shocked that my boss behaved rudely and wrongly. Believe me, my boss lost credibility that he had earned by working in this organisation for long. That is his long term loss. HR also lost a lot of respect.


A big thumbs-up to TBHP and all of YOU, the members who are helping me out. Monday would be deciding day now!
aaggoswami is offline   Reply With Quote
Old 13th October 2012, 21:41   #42
Distinguished - BHPian
 
condor's Avatar
 
Join Date: Jun 2006
Location: Speed-brkr City
Posts: 10,315
Thanked: 3,657 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

@Aggoswami, the boss & HR wouldnt take it kindly or lightly if they come to know you have spoken about this to other employees.

I would suggest you exit & get into another, better ogranization where things are (more) straight-forward.
condor is online now   Reply With Quote
Old 14th October 2012, 11:16   #43
vij
BHPian
 
Join Date: Sep 2008
Location: Hyderabad
Posts: 261
Thanked: 51 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

It could indeed be a typo. Believing that could ease your anguish thinking it was a mistake and not that someone was fooling you intentionally. IMO, you might as well sign that damned letter and continue working for the company, but look for other opportunities from NOW. About someone coming after you for tax evasion and stuff - that wont happen for the numbers you are talking about.

Search for offers and consider leaving at the first opportunity!

Last edited by vij : 14th October 2012 at 11:18.
vij is offline   Reply With Quote
Old 14th October 2012, 13:53   #44
BHPian
 
mmmjgm's Avatar
 
Join Date: Nov 2004
Location: BOM, PNQ, DXB
Posts: 398
Thanked: 21 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

Once again aaggoswami do not be naive and post plans on a publicly visible forum. - if someone does a search for your last name, and I hope your handle is not your last name. He/she can know what your intentions are.

Just my 2 cents. Be careful. Best of luck
mmmjgm is offline   Reply With Quote
Old 14th October 2012, 14:00   #45
BHPian
 
Join Date: Sep 2010
Location: Home
Posts: 179
Thanked: 104 Times
Default Re: Is signing a BACK-DATED Appointment letter Illegal?

What about your colleagues in the same position? Are you aware of what their pay bracket is? I'm just trying to confirm if it indeed was a typo.
Recompose is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
RE Continental GT: Captain signing in! neil.jericho Motorbikes 387 17th August 2017 15:14
Online DL Appointment and Payment System - Launched in NCR Irish The Indian Car Scene 7 31st May 2014 17:10
Kairalee signing in for the first time Kairalee Introduce yourself 5 19th August 2009 19:55
CoolJac signing IN CoolJac Introduce yourself 5 25th January 2005 21:22


All times are GMT +5.5. The time now is 20:22.

Copyright ©2000 - 2017, Team-BHP.com
Proudly powered by E2E Networks