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shuvra
1

hi,
I have an urgent query . in our organization management wants to implement a rule while recruiting candidates. Salary would be mentioned in the offer letter/ appointment advice , with a ratio of 25% basic including allowance and 75% as the incentive (10000/-(salary)+30000/- incentive for one sale. In case he dose 2 sale then the amount will 60000/- and so on .
It would also further mention that during the probation period , one month will be treated as the lead time during which the 25% of the salary will be released even if the employee dose not do any sale , but from the next month in order to release even the 25% he has to do a minimum of one sale . Management will only pay if he performs .
Now my contention is , can we legally or as per HR policy implement such thing in writing?

From India, Pune
pon1965
604

It is strange to hear. Suppose, the employee does not do a single sale for six months, do you mean to say that he will not be paid for 6 months. Whether he is a full time employee or dealer?
From India, Lucknow
malikjs
167

dear
what question you are asking ,HR guy can not ask such type of query.
if you will not pay any salary to him from where he will pay rent,and other expenses.
you can not delay salary part legally however sales bases incentive is your baby.
regards
js malik

From India, Delhi
krmrao
22

Hi
Mr. Malik is very much right, no employer hold the right to with hold the pay of its employee whether he is on prohibition or regular, when the employee serve the company for whole time as per the act in force. If salary is not paid in time when work taken from him (weather he gives the employer sales or not but he is working to his best to get the sales done) is illegal as per law in force and the employer can be punished as per law if the employee take shelter of labour court.
Mohan Rao
Manager HR

From India, Visakhapatnam
krmrao
22

Hi Shuvra
You can go ahead please, Human resourses are not machines, they too hold the value of capital of the co. They are not to be deprived even after the industrial revolution. But the fate in India had not changed. The Employer spends more than required on unnecessary expenditure but take a liniant view when comes to his employee this is too bad a circumstances we do find in India as on date.
With out humen resourses no industry can flurish be aware of it.
Mohan Rao
Manager HR

From India, Visakhapatnam
M.Peer Mohamed Sardhar
733

Please Go Back to BAsics,,
Are you running a company of Machines or Company of Human Beings
Are you Being Paid the Same Way
Are Hiring Employees or Slaves
Please change the Practice or Please Change the Company

From India, Coimbatore
nipuna
72

Hi, It is very strange to hear such things from an HR person. salay is a legal cpmliance and you have to pay it in time. for incentive part, you can think any thing.
From India, Delhi
Ash Mathew
54

Hello,
If you are paying only on the basis of performance, I am afraid if they can be called permanent employees. Call them freelancers, who need not be forced to deliver or come to work & work out of a particular place. They can do the work from their own end, and if a sale clicks - they can be paid.
Since there is no fixed source of income, it does not mean theyhave to only work with your company and earn.
If they are not freelancers - then "very bad policy adopted by the company"
Try talking to them & changing it.
I assume you are helpless, but just obey - try talking if this is the case & tell them that if we pay people only on performance, then they might not want to work for your company and start looking out. Good Luck! Keep us posted

From India, Madras
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