employer not paying
10 months ago
I worked as a sales manager in a company for 3.10 years and we had an arrangement that if I close a new deal, they had to pay me incentives which were 12% for a product and 5% for a service. These were the incentives I earned for year 2022 and the employer kept delaying. After following up multiple times CEO is saying he can pay only 4% since it was not a product sale, but as per the contract issues with the client it is product sale. He is refusing to pay the amount. Also, employer has failed to pay my PF since June'22 and I haven't received salary from month of March. Can I file a complaint against the employer? How do I get my hard earned money back?
A.Dear Client,
In case your claim meets the condition of the contract of employment, then the Company is duty-bound to disburse your entire dues for the relevant period as per the agreed rate of incentives and cannot deny your claim outrightly twisting the terms of employment which amounted to unfair labour practice on the part of Company. In the prevailing situation, you need to serve a legal notice to the employer and reach out to the office of the concerned Labour commissioner to file a complaint against the employer for adopting unfair labour practices to resolve your grievance failing which you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer. As regards the failure to deposit of your PF contribution by the employer to the PF Authority, you need to lodge a written complaint against the defaulter employer to the concerned Regional PF Commissioner mentioning your UAN number and attaching your pay slip showing the deduction of PF contribution for resolving the issue. However, in case you need any legal assistance in this regard, you may contact our legal team with all the relevant papers.
In case your claim meets the condition of the contract of employment, then the Company is duty-bound to disburse your entire dues for the relevant period as per the agreed rate of incentives and cannot deny your claim outrightly twisting the terms of employment which amounted to unfair labour practice on the part of Company. In the prevailing situation, you need to serve a legal notice to the employer and reach out to the office of the concerned Labour commissioner to file a complaint against the employer for adopting unfair labour practices to resolve your grievance failing which you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer. As regards the failure to deposit of your PF contribution by the employer to the PF Authority, you need to lodge a written complaint against the defaulter employer to the concerned Regional PF Commissioner mentioning your UAN number and attaching your pay slip showing the deduction of PF contribution for resolving the issue. However, in case you need any legal assistance in this regard, you may contact our legal team with all the relevant papers.
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A.Dear client,
The best way to deal with is file a case in the court based on documented proof that your arrangement stipulated the incentives you are claiming
The best way to deal with is file a case in the court based on documented proof that your arrangement stipulated the incentives you are claiming
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