Fraud with incentive amount & invoice
I worked for a small consultancy firm, permanent employee (work from home) module.
I worked on fixed salary + 25% incentive on the invoice amount received by my consultancy for the candidates I have placed at the client site.
I have placed a candidate and the candidate joined the client on 15th June 2015.
So IT recruitment industry has a professional fees of 8.33% on the fixed annual CTC or depends from client to client. So we worked on 8.33% on the fixed annual CTC.
My candidate CTC was 10,0000 lpa fixed and the invoice amount was Rs. 83300/-, hence my incentive amount 25% of Rs.83300.
This owner of our consultancy she showed me a value of 8,15,000 lpa and said my incentive will be 25% of Rs.67890/-.
I had doubt on this so I told her to mail me the invoice and she also mailed me the invoice which she said was the original invoice sent to the client for billing.
Still I doubted on the invoice which I saw as there was a line "professional fees as per our agreement is 8.33% of monthly gross", as the fees is always charged on fixed CTC.
So I mailed her saying if you can give me clarity on this it will be good, or I will talk to the HR of the client with whom I was regularly interacting for the positions.
After I dint get any clarity, I spoke to the HR of the client to mail me the invoice raised by our company for that candidate as I need it for incentive purpose.
The client mailed me the incentive which showed the attachment with original invoice. the original invoice had the amount of 10,0000 lpa fixed ctc. And the invoice was raised on 10,0000 lpa fixed ctc which was 83300 (8.33% of 10,0000 lpa).
Hence the actual incentive which I should receive is Rs.20,825.
My employer has terminated my employment stating that I dont have the rights to directly interact with the clients, and said that I have violated the rules and so my employment is terminated.
Now my salary is pending for the month of July & also my incentive amount.
Since I have caught the employer doing the FRAUD/CHEATING so she has terminated me.
I would now like to understand that what action can I take against the employer.
I do have the documents to support.