Thread Started by #Being Employee

I joined company in June, 2013. I was made to work in the night shifts throughout my entire stay in the company even though my timings were different. At last, I resigned in November, 2015 in view of my health issues because of night shifts. Company talked to me and retained me promising day shift and also accepted a full month un-paid leave for the month of December, 2015. I re-joined in company on the understanding that I will work in day shift. So, I started again in January, 2016 working from 1.30pm to 10.30pm IST.

Recently, in the end of November, 2016, company forced me again to work total night shifts, this time also 6 nights per week sometimes! I made it clear that I can’t work in night shifts again which is not we agreed when I was retained back in last year about same time but company insisted either I have to work or look for new job. Then, I submitted my resignation immediately.

I couldn’t serve notice period of 3 months because this is not what we agreed mutually when they retained me and I face lot of health issues working in nights. Now they say they don't pay the retention bonus which is part of my salary!

Initially, I joined for 8 L/a and the company (in fact the reporting manager) divided it into actual salary of 7 L and 1 L as “retention bonus” payable at the end of the year saying, “this is how big numbers work”. I had to accept reluctantly. (My previous company’s salary was 7.2 L/a which was more than then current take home of 7 L/a!) This is not any extra cash allowance or performance related bonus but part of my salary and should be no clause for the salary part saying it will be given only up on completion of 1 year. This means company took services equal to my salary but with held part of it. Also he kept on adding some part of my yearly hike to this retention bonus. So, there was hardly any difference in my take home throughout my stay in the company for the whole 3.5 years! It's my hard earned salary and should be paid for every month I worked, on a pro-rata basis. If it were any extra bonus and company blocked it, it’s understandable but it’s not!

Isn’t it an illegal deduction as per the Payment of Wages Act, 1936.

Note: This retention bonus is not calculated as any percentage on basic but stated as a random lump sum! And, it is applicable from the very first year I joined in the company.

I also requested this manager to stop this bonus thing and consider it as salary as I don’t see any increment in my take home but he always denied it.

On another note, the reporting manager has always been anti-employee and I have enough evidences for this. He runs his own life insurance agency and forced, chased his employees to buy his policies because he needed certain number of policies to take his agency forward! (There are emails he sent to employees about the same! Some employees are still paying him huge insurance installments). In end of 2014, (November or December, 2014) company gave this manager part of our salary in the form of cheques and he forced employees to en-cash the cheques and buy his policies. How can company hand over part of salary of employees to this manager?

The same manager forced me to work night shifts again and asked to work or quit. Now, am I not eligible to receive my salary (termed as retention bonus!) on pro-rata basis ? How can we file a legal suite on this manager?
8th December 2016 From India, Hyderabad
See there are many legal aspects involved so lets take one at a time :
1) Firstly you will not be protected by labour department. So payment of wages act will not help you. This is because your salary is very high. Also by night shift I understand it is IT Industry.
2) Now your biggest friend here is Indian Contract Act. This is a civil legislation so remedy will not be quick, but with a good lawyer, on your side, you can get a settlement rather quickly. If you have any mail confirmation or correspondence that suggest that employer agreed no night shift, then you can ask for breach of contract.
3) Also there is a weak but ostensible criminal angle, It can be called cheating, as the company promised you something that it never intended to keep.
4) In case of that manager, if there are proof in custody, a clear case of extortion can be made.
5) Company can be also be dragged in court on charge of tort. As there is a lot of inconvenience to you.
9th December 2016 From India, Kolkata
Thanks a lot, LLI,
I have backed up emails and will focus on the Manager's issue first Finally, which institution to approach and where to lodge initial complaint on this manager?
Thanks in advance
BE
9th December 2016 From India, Hyderabad
Now get a good advocate, he will send a notice to your company, for realization of these dues. If your company does not pay, he will move to court under above mentioned laws
12th December 2016 From India, Kolkata
Yes, already in process, thanks again LLI. I feel it’s good company but being spoiled by the 2nd level, will see!
13th December 2016 From India, Hyderabad
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