• Salary on hold

I work in a mnc company in sales department.The managment has said that my performance is poot and salary will be on hold in this month.I have got this in email from CEO of the company. I am under tremdous stress and have huge family comitments.Kindly advice me for further steps
Asked 4 years ago in Labour

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15 Answers

Sir employer cannot withhold your salery first try settling it by talking to employer he does not listen serve with a legal notice and in that case he will give you your salary even if doenst agree file before the labour commissioner for your salary.

The employer has got no right to withheld salary.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, they are doing something which is on the face of it arbitary.

Secondly, you need to show me the agreement to have pricise understanding of the same.

Thirdly, if there is any asuch clause for holding the salary then there may be a little trouble as then you would have to challenge that in the labour court.

Fourthly, if not then reply them back and inform them you are going to file a case against them in the labour court for creating mental pressure on us.

You can also have your litigation expenses back.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The basic principle to be followed while taking any disciplinary action with an employee is that he should be given enough opportunities & reminders before any such step is taken. The idea is to bring in the principle of natural justice alive. If after several reminders & opportunities (in written & oral by the supervisor or the management) proves futile, any such negative action can be taken. However he / she should be given a fair idea what the consequence would be.

You can send a legal notice to your employer for recovery of your salary which you have earned.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You are entitled to be paid your salary for work done by you

2) send e-mail to CEO that you ha e responsibility of e tire family and to kindly release your salary

3) you can resign from company seek alternative job

4) you can sue the company to recover salary for month of apeil

5) management cannot refuse to pay your salary for work done by you

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. Refer to the job contract to find out what was the agreement on withholding of salary if there was non performance in work.

2. if there is none then the management can in certain cases terminate the job and can not withhold the salary more than few days.

3. SO the actions of the management is not supported by law an hence you can seek legal redress through civil court.

4. A such cases takes lot of time and there is no immediate relief it is advisable that you resolve the dispute amicably.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) Please read the employer - employee agreement at the time of joining, what was the terms and conditions you have signed.

2) If the conditions is based on performance of sales target and against that salary is going to be kept on hold, check whether this is specifically mentioned in it.

3) let us know the agreement clauses.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hi

1) It is absolutely illegal on part of your employer to withhold your salary citing performance issues.

2) As per contract act , labour laws and Industrial dispute act, you are entitled to your salary despite you being classified as a good or bad performer and your employer is duty bound to pay your monthly salary without withholding the same citing performance.

3) Also Employee performance is dependent on various internal and external variables which are beyond the control of an employee and as such an employee cannot be held liable for these variables which affect the sales target's assigned to the employee.

4) Even in cases where the salary component of an employee contains both fixed and variable elements, only the variable element is to be computed in accordance to the performance of an employee, but that too under the condition that

a) The variable pay component shall not diminish or reduce the employee's fixed pay on any account whatsoever.

and

b) the variable pay component at any point of time during the employment tenure of the employee shall not exceed 30% of employee's fixed pay.

5) Please issue legal notice to your employer or you can approach the labour department having jurisdiction over your office premises and get the issue resolved.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Salary cannot be with held. Request them or get issue legal notice or approach Labour Officer

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can recover salary by filling claim to labor commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The employer cannot keep your salary on hold for poor performance.

They can take legal action as per the employment offer letter conditions and the rules of the company for poor performance,

Even they can decide to terminate the services by giving notice if the performance is not improved.

You can write to the top management about thsi plight and explain him with an assurance for a better performance in future

If there is no reply or response then you may plan to initiate legal steps on this, but that will risk your employment

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Hello,

Send a legal notice to him for release of the salary.

Failing which file an FIR against him and a case in the labour court.

Get in touch with a local lawyer at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

There are number of lawyers on this website from Bangalore. You can contact any of them

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

You cannot engage the services on such conditions.

An advocate can handle your case on his/her terms and not on your terms.

If you are not able to meet the litigation expenses, you can avail free legal aid from the district legal services authority who will arrange lawyer to handle your case at free of cost.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

But ur case comes under Industrial dispute act, so will file in labor court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

If you are so poor then please contact the Government Agencies for FREE LEGAL HELP AND FREE ADVOCATE

=========================================================================================

FREE LEGAL SERVICE BY CENTRAL GOVT AND STATE GOVERNMENTS

http://doj.gov.in/page/litigant-service

Litigant Service

Access to justice is a fundamental element of a just, equitable and civilized society. The vision of Access to Justice for all means that opportunities for securing justice are not denied to any citizen for reason of economic and other disability. With this vision Department of Justice initiated a pro-bono legal services scheme to provide free legal assistance to the marginalized applicants/litigants.

An online application form has been created below where the litigants can register information about their case or grievance. The Department will then connect them to a pro- bono advocate registered with the Department who will provide them legal aid free of cost. The nature of legal assistance provided shall be legal advice, drafting of case related document(s), appearance in the court (all or either of the three) depending on the availability of the advocates.

It is to be noted that, this endeavor of Department of Justice is a step in the direction of strengthening legal aid and increasing access to justice to those who cannot afford it and in no way it guarantees a favorable decision in the court for the litigant/applicant.

Further, pro- bono legal assistance provided by the advocates is a voluntary service where the advocates willingly devote their time to provide legal aid to the poor and needy applicants. Once a litigant/applicant has been connected to a preferable pro- bono advocate by the Department, the Department is not responsible for the quality of legal aid provided or time committed by the advocate to the case of the litigant.

Both the litigant/applicant and the advocate are free to discontinue their association at any given point of time giving valid reasons for the same to the Department within 15 days.

We hope that the pro- bono legal services will be a significant step in enabling access to quality legal aid and assistance to the people.

Interested persons may apply for pro- bono legal aid through the online service

FOLLOWING IS THE KARANATAKA LEGAL SERVICES…..SIMILAR IS AVAILABLE IN EVERY STATE

http://www.kslsa.kar.nic.in/

For Further Details Contact:

Karnataka State Legal Services Authority,

Nyaya Degula Building, 1st Floor, H.Siddaiah Road,

Bengaluru

Email : karslsa[at]gmail[dot]com

Website : www.kslsa.kar.nic.in

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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