Salary Issues [Thread 518597]

Hi everyone,

I am Tupal, working in the BD department of an IT company (Pvt. Ltd.). I have been with the organization for a year now. Initially, it was a good company that paid salaries on the 7th of each month. However, the company has not released my January 2015 salary and is holding it.

According to management, the HR manager oversees the BD Department, and my salary is being withheld due to zero sales on my part and some outstanding payments from a client (who provided me with a Post Dated Cheque). Although the client has signed the Estimate, our software is not fully functional, so the client has requested not to deposit the cheque.

Now, the HR manager is insisting that I must collect all outstanding payments from the client before they release my salary. I have formally informed the management in writing that I am facing financial difficulties and need my salary. However, the HR manager called me and threatened to terminate my employment. They are not disregarding me directly as I have a company laptop.

I seek guidance on how to resolve this situation and obtain my salary. If the company terminates my employment, what impact will it have on my career?

Warm regards,

Tupal Kalita

11-02-15

Dear Tupal,

What is happening with you is unfortunate. But lately, these occurrences are quite common. In the past, there were labor unions, and Personnel Managers had some fear. HR's apprehension disappeared as labor unions ceased to exist.

Overall, you have provided sufficient information and presented your points in a logical sequence. However, you have not mentioned the fixed pay and variable pay. No company can solely base an employee's pay on variables. They must compensate you according to the terms outlined in your appointment letter. Non-payment of wages violates the provisions of the Payment of Wages Act.

I recommend contacting HR by phone to expedite the release of your salary. During the conversation, consider recording the call as evidence. If HR fails to comply, schedule a meeting with the Managing Director (MD) to discuss your issue. Should the MD remain unyielding, seek assistance from the labor office in your area. Remember to bring proof of your employment when visiting the labor officer.

Once you resolve this issue, please update us on the outcome. Many members seek advice but later abandon their queries. I hope you do not become one of them.

Thanks,

Dinesh Divekar

Dear Mr. Divekar,

As per my appointment letter, our company provides a fixed salary, and the amount is also mentioned. In my case, I am responsible for an area outside my corporate office (in another state). So, if I need to visit the labor office, should I go to the office in my current region or the office where my corporate office is located?

If I choose not to go there and instead decide to simply send a polite reminder about the release of my salary, what actions can they take, considering I have the company's property (laptop) in my possession? What are the legal implications if they terminate my employment to retrieve their property, and what steps should I take next to address this situation? I prefer to avoid the hassle of going to court.

Your guidance on the best course of action would be greatly appreciated.

Kind regards, [Your Name]