Non payment of incentives as mentioned in offer letter
Nitesh Rautela
(Querist) 01 February 2015
This query is : Resolved
Dear Sir,
I have submitted my resignation to the company on 12-12-2014 with a 2 month notice period ending on 12-02-2015 after discussing the same with HR personnel, but the company relieved me without prior information on 14-01-2015.Above over this parts of my salary (sometimes 10%,sometimes 5%, sometimes 25% ) are being held by the company without giving any suitable reasons.
Till now I have not been paid my salary for the month of December 2014 and also for 13 days I have worked in the month of January. When I enquired for the total amount payable to me the company is only agreeing to pay amount apart from my incentives which are mentioned in my offer letter.
The management has replied that no Performance incentive will be provided for all the business brought by me as the company is in losses. The Business brought by me is close to 1.2 Cr. in 1 year.
Please advice me if I can claim for my incentives and if i can then how.
Regards
Nitesh
P. Venu
(Expert) 02 February 2015
You may serve a legal notice on the company.
Rajendra K Goyal
(Expert) 02 February 2015
The company has not send you the full and final payment. You may wait for a month for the same. Send formal e-mail for the same.
If not received after that send legal notice.
Nitesh Rautela
(Querist) 03 February 2015
sir, I am grateful for your replies. I would like to clarify a bit more that I was serving the notice period of 2 months from 12-12-2014 till 12-02-2015, but the company relieved me on 14-01-2015 stating that my services are no longer required.
When I mailed them for my incentive part they simply refused it on mail by stating that the company is not making profits so no incentives will be provided but no such thing is mentioned in my offer letter.
Can I put up a legal notice to them and what process should be followed for this. Should I approach the nearby office of labour commissioner for this issue?
ajay sethi
(Expert) 03 February 2015
contact a local lawyer for issue of legal notice. if your appointment letter mentioned you would be paid incentives depending upon business you brought in the company then company i s bound to pay you incentives
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
Despite your notice for resignation if your company has terminated you, your company is liable to pay you the compensation as per the employment terms and conditions. You send a legal notice demanding this compensation too.
malipeddi jaggarao
(Expert) 10 February 2015
It will be a long legal battle. If the amount is small, better give up and do your present job peacefully. This is all common in private employment.
