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company says had given wrong offer of joining by mistake 1 year later
02-Oct-2023 (In Labour & Service Law)
My company defined my CTC Rs. 3,60,000 in first year & Rs.5,08,000 in second year. This CTC includes ex-gratia of Rs.10263 in 1st year & Rs. 1,22,000 in second year. The exgratia is paid on diwali in the company. Last year i received Rs 10,263 but this year they are saying that they cannot given 1,22,000 because there was a typing mistake in my offer letter & they calculated exgratia monthly instead of yearly in second year salary offering. It was their executive fault not mine & they realized their mistake after 1.5 years when i am claiming my exgratia amount. What should I do now?
Dear Sir, first of all calculate your ex-gratia, on what basis is was calculated. If there was calculation mistake by the company you can not claim the same. First year your CTC was 3,60,000/- and the ex-gratia was calculated 10263/- and in the second year the CTC was 5,08,000/-. You can get ex-gratia on the CTC basis and as per the rules made by the company in this regard.
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Adv. Praveen Mittal
Alwar | 25+ Answers
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An agreement is contract when the both parties are agree on same thing in same sense. Here it appears that the company agreed 1.22 by mistake. In such a case you compare it with general trend of the company with other employees and keep you in that ratio. A legal action will much costly then the relief sought.
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Adv. J K Agrawal
Jaipur | 100+ Answers
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