salary related issues with employer
7 months ago
my employer has stopped my salary for 6 months for no reason and whenever I asked why my salary was not paid to me on time. they replied that I was not performing but the truth i am performing and attending office also
A.Dear Client,
Here are some steps you may consider:
Review Your Employment Contract: Carefully review your employment contract or offer letter to understand the terms and conditions related to your salary, payment schedule, and any clauses related to performance evaluation.
Document Everything: Keep records of your attendance, work performance, communication with your employer (including any emails or messages related to salary delays), and any evidence that demonstrates your continued performance.
Speak to Your Employer: Try to have a conversation with your employer or HR department to understand the reasons behind the delayed salary payments. Ask for clarification and express your concerns professionally.
Contact Your Company's HR Department: If your discussions with your immediate supervisor or manager do not lead to a resolution, contact your company's HR department and explain the situation. Provide them with the necessary documentation.
Consult an Employment Lawyer: If the issue persists and you believe your rights are being violated, consider consulting an employment lawyer who can provide legal advice tailored to your specific situation.
Contact Relevant Labor Authorities: Depending on your jurisdiction, there may be labor departments or authorities that handle employment-related disputes. You can reach out to them for guidance or to file a formal complaint.
Seek Mediation or Arbitration: Some employment disputes can be resolved through mediation or arbitration, which can be less adversarial and time-consuming than litigation.
Consider Legal Action: If other avenues fail, you may need to consider legal action, such as filing a lawsuit against your employer for unpaid wages. An employment attorney can guide you through this process.
It's crucial to remember that employment laws can vary widely, and the specific steps and remedies available to you may depend on your jurisdiction and the details of your employment contract.
Thank you.
Here are some steps you may consider:
Review Your Employment Contract: Carefully review your employment contract or offer letter to understand the terms and conditions related to your salary, payment schedule, and any clauses related to performance evaluation.
Document Everything: Keep records of your attendance, work performance, communication with your employer (including any emails or messages related to salary delays), and any evidence that demonstrates your continued performance.
Speak to Your Employer: Try to have a conversation with your employer or HR department to understand the reasons behind the delayed salary payments. Ask for clarification and express your concerns professionally.
Contact Your Company's HR Department: If your discussions with your immediate supervisor or manager do not lead to a resolution, contact your company's HR department and explain the situation. Provide them with the necessary documentation.
Consult an Employment Lawyer: If the issue persists and you believe your rights are being violated, consider consulting an employment lawyer who can provide legal advice tailored to your specific situation.
Contact Relevant Labor Authorities: Depending on your jurisdiction, there may be labor departments or authorities that handle employment-related disputes. You can reach out to them for guidance or to file a formal complaint.
Seek Mediation or Arbitration: Some employment disputes can be resolved through mediation or arbitration, which can be less adversarial and time-consuming than litigation.
Consider Legal Action: If other avenues fail, you may need to consider legal action, such as filing a lawsuit against your employer for unpaid wages. An employment attorney can guide you through this process.
It's crucial to remember that employment laws can vary widely, and the specific steps and remedies available to you may depend on your jurisdiction and the details of your employment contract.
Thank you.
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A.Dear Client,
Your query requires more details to respond suitably and properly. However, it may be informed that if as per your contract of employment, your employment is performance-based or target-based, then for not meeting the standard of performance or target, the employer/company can withhold your salary on a pro-rata basis, i.e, on the ratio of your deficiency serving a warning letter for such deficiency in performance, but cannot withhold your entire salary for long 6 months. If you're put on a PIP(performance improvement plan) and you fail to improve your performance, then, termination by an employer for unsatisfactory performance of the employee in the absence of terms in the contract of employment may qualify as retrenchment – i.e., the termination of an employee/ worker for any reason other than by way of disciplinary action, then the employee is to be given 3 months prior notice and payment in lieu of notice of termination in compliance with the Sec.25N(1) of Industrial Dispute Act, 1947 provided the employee is a workman as defined under Sec.2(s) of the Act who can raise an industrial dispute before the Concerned Labour Commissioner. Or else an employee belongs to the level of manager/supervisory category, then he has to pursue a civil suit before a Civil Court for redressal of his grievance. Reach out to an Advocate handling labour or employment matters for serving legal notice to the Company for unethical and unfair trade practices and for further guidance and steps in the matter.
Your query requires more details to respond suitably and properly. However, it may be informed that if as per your contract of employment, your employment is performance-based or target-based, then for not meeting the standard of performance or target, the employer/company can withhold your salary on a pro-rata basis, i.e, on the ratio of your deficiency serving a warning letter for such deficiency in performance, but cannot withhold your entire salary for long 6 months. If you're put on a PIP(performance improvement plan) and you fail to improve your performance, then, termination by an employer for unsatisfactory performance of the employee in the absence of terms in the contract of employment may qualify as retrenchment – i.e., the termination of an employee/ worker for any reason other than by way of disciplinary action, then the employee is to be given 3 months prior notice and payment in lieu of notice of termination in compliance with the Sec.25N(1) of Industrial Dispute Act, 1947 provided the employee is a workman as defined under Sec.2(s) of the Act who can raise an industrial dispute before the Concerned Labour Commissioner. Or else an employee belongs to the level of manager/supervisory category, then he has to pursue a civil suit before a Civil Court for redressal of his grievance. Reach out to an Advocate handling labour or employment matters for serving legal notice to the Company for unethical and unfair trade practices and for further guidance and steps in the matter.
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