Loss of pay

Bhadrakumar Ramachandra (Querist) 26 February 2021 This query is : Resolved
Dear sir,

I am working in finance company as a regional manager due to pandemic situation many clients are not paying emi regularly hence I am not able meet the company expectations because of this reason my superior taking action against me by putting one week loss pay. Is it legal and can I fight against this. Pls help me in this regard.

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If your employer is docking your pay due to client non-payment, it's important to understand if this is legal. Generally, a loss of pay can be considered a punishment, and your employer should follow a due process, such as issuing a charge memo or requesting an explanation. If your pay is directly linked to performance through variable pay, the situation might differ. If the proper procedures weren't followed, you may have grounds to challenge this through a court or tribunal with the help of a local lawyer.

P. Venu (Expert) 27 February 2021
The denial of pay amounts to apunishment. As such, the employer ought to have followed the due process to hear you.

kavksatyanarayana (Expert) 27 February 2021
Is your employer a charge memo to you or called for an explanation for the delay in collecting EMIs?

Dr J C Vashista (Expert) 28 February 2021
Due process of punishment has not been followed, hence the same may be assailed in jurisdictional Court/Tribunal through a local prudent lawyer.

krishna mohan (Expert) 11 March 2021
If pay is linked to performance like variable pay adapted by many private companies, they can. You need to check your order. If not, You can talk to management for possible solution or try to improve performance of recovery so that they can restore to pay as per agreed compensation.

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