Dinesh Divekar
Business Mentor, Consultant And Trainer
Head - Human Resources
+1 Other

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Dear sir,

I have got nearly 10 years of experience in sales and distribution handling.

I have worked most of the reputed companies like cavinkare Videocon sundirect and so on.

I have been employed in assisted e-commerce company in Bangalore for sales in parts of South Karnataka from 4months.

These 3 months I have got salary as well conveyance on time and everything was quite good.

Suddenly last month and 3 days before salary crediting time HR had called and said that my performance is not up to the mark and management is not satisfied and your salary is on hold.

After this I was shocked and I don't know what to do.

About my performance there is no target was given, there is no information is given and there was no verbal or oral communication at all.

Now I don't have salary and there is no confirmation about my job. So what I do?

Do I go for labour court to safeguard my job at least for 2 to 3 months until I get other opportunity.

After this kind of development i really reluctant to continue in such a Organization.



Hi Mohan,
Withholding salary for non-performance is not legal. At the same time, if you approach a labour office, then it would turn the whole episode, complex. As you said, try looking out for a job and post your relieving process, you might seek the help of the labour inspector for any pending dues.

Dear Mohan,

Non-communication and assumptions are the two major barriers of communication. The issue at hand has arisen because of these two challenges.

Well gentleman, you say that you have 10 ten years of experience. You also say that your superiors did not give any targets to you. Therefore, there was non-communication from their and assumption from your side. On taking up the new assignment, you could have sought clarification on the sales targets. Sales job is target oriented requires no further comments. If the targets were not communicated, you had assumed that it is your superior's duty to do it and waited for their communication. This was your biggest risk.

General Comments on HR: - Employing a senior person in the organisation and not telling him anything about the targets about the job speaks poorly of the management style. Going further, HR has put on hold the salary as well. This is how HR gives so much emphasis on personal communication and forgets about the principles of the organisational communication. If the performance was poor, then why employee was communicated earlier? Why any written warning was not given? Employee engagement is the buzzword in HR. How can HR engage employees if there is non-communication?


Dinesh Divekar

Dear Mr.Dinesh ji,
Thanks for your kind reply.
The management or my seniors have not given me any targets in turn I have sent a "plan" for 2months and we honoured that nearly.
Please kindly suggest me what should be next steps in terms of safeguard my salary and how do I get at least 2-3 months notice period. So that it would help me till I get another job.

Dear Mohan,
Since you were Manager, you do not come under the provisions of Industrial Disputes Act, 1947. However, it depends on how many subordinates reported to you.
Anyway, you may approach Labour Officer (LO) of your area. Give a written complaint about sudden removal from the Job and non-payment of the wages. Let us see whether he entertains your complaint. I he expresses his desire to be kept in good humour then oblige his request. Otherwise, civil suit is the only option.
Dinesh Divekar

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