+2 Others

Hi Ther,
I worked for a company that didnt pay my last month salary.
They mentioned in offer letter as
":You are being appointed as Regional Manager - Sales with our concern. You will be entitled to a monthly remuneration of Rs. *******- per month. In addition, you will get
Rs. *****/- towards the travelling conveyance. You are supposed to get minimum one order per month. You will be entailed to get incentives of Rs. ****/- per sales from
second order.
Apart from that, we dont have any facilities such as ESI, Payslip and PF.
Is there any possibility to get my salary.
Thanks
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Dear Donsingam,
Can't say only by seeing your offer letter. please clarify how long you been working with that company and did they informed anything about remuneration only when achieved the target. you still working or relieved from the company...?
Dear Friend
From the above, it is clear that you were appointed on contract basis for fixed remuneration but not on salary like in case of regular employee. So terms of your appointment purely governed by appointment order which might be specified for fixed period of 6 months / one year. As per the terms of your appointment order, you require to get minimum one order from customers / clients for the company product. Did you fulfill this condition for the month which you did not get your remuneration or not?
If you fails to do so, the question for getting remuneration for that month will not be paid by company. When you are not getting remuneration, other payments like Conveyance Allowance and Incentive should also be not paid.
Regards
You have been appointed in employment.

You are eligible for incentives(in addition to salary/wages) from second order.

The salary slips has to be provided to all employees and PF etc to all eligible Employees even if company has declined/not stated in appointment letter....

Designation alone doesn't not decide that a person is covered as 'Workman' as in ID Act, 'Employee' as in Shops and Commercial Establishment Act etc....

You should not stop attending to duties even if company verbally asks you until you are asked in writing.

Employees can lodge complaint the moment payment of wages is delayed even by a day and employer can be penalized say Rs.7500/instance.

Minute all discussion in writing under proper acknowledgement.

If employer has not paid salary on pay day then it has defaulted and breached the trust and has become unworthy of being employed with.....aand conditions like notice period should loose its sanctity....

Write and cover everything and mention that you are unable to attend office since your earned wages are not paid and you unable to meet the expenses to attend office and you shall be at your address as in rrecord and eligible for salary....

If you are unable to handle the matter on your own entrust to your employees/trade unionsLabor Law Consultant
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