Dear folks, A person who worked as marketing executives for 8 years, recently may & jun 2018 could not work properly and his performance also were "zero" and there was no revenue to company. So company decided to terminate the service and it's been conveyed to him by us and immediately he has given the resignation also accepted by us. Salary for these 2 months also not paid so far by us because of non performing.
Whereas, we have given all kind of settlement such as Incentives , Bonus, Gratuity except salary. Whereas, PF contribution also paid on him for these 2 months
Now, he asked his 2 months salary and if not, he threatened us to go to labour tribunal.
Query is, how to face the issue without giving the salary because owner is not accepting to settle the dues of his salary.
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Getting Lead and Converting it into business is not possible daily. So if the employed has already resigned then separated from your organization then pay the balance 02 month salary & close the issue this will help organization to keep the Goodwill before other employees.
If salary issue to be talked about then it should have been done before accepting the resignation now better not to do postmortem of the Resignation & Salary. This is my personal view.
Please be clear that salary cannot be stopped.Performance incentive based on performance can be stopped or awarded,but salary has to be paid.
What incentive was paid?
Whereas, we have given all kind of settlement such as Incentives , Bonus, Gratuity except salary.
1. How could you pay the PF contribution for these 2 months, where as the employee has zero income?
2. You are directly accepting that the person had earned wages from which you realised the EPF contribution and submitted with EPFO.
3. It would be wiser to settle the issue before get into bigger problem. You can not abscond from the case under payment of wages, if a case is filed.
4. It would be wiser to pay wages for the period to avoid future complication.
5. The wages is never paid on basis of performance of workman unless untill ther e is a clearcut terms of condition in appointment letter or otherwise futile.
Thanks for kind explanation on this issue.
Mr. Nathrao -

Sales incentive paid for 2017 & 2018 based on his performance.
Wages are right of an employee and is never linked with performance, because of statutory payment made on behalf of wages,
So You cant deduct or hold the salary. So please pay the same and make free him as soon as possible before he goes in any tribunal.
Thanks
Dear Colleague,
You will be digging your own grave if you don't pay his salary.
Monthly salary is paid for attendance and doing normal work and incentive payment is paid
for targeted performance and the extent of its achievement. Both are different.
The question is rightly asked as to how did you pay PF contribution without paying salary. It is illegal in the absence of payment of salary.
Don't be vindictive with the employee. Withholding salary presumably without giving an opportunity to explain reasons for non- performance and unilaterally punishing the employee in this manner will fail to stand legal test and is bound to boomerang on you.
So settle this with grace and be done with it.
Regards,
Vinayak Nagarkar
HR- Consultant
I fail to understand how incentive has been paid when there is no performance.This act itself is self defeating,requiring you to pay the held up salary.
Even otherwise salary and incentive are 2 different things and to be treated separately.
Similarly the payment towards PF when there is no salary,how can it be paid?
So i agree with all my fellow contributors to this query that the best way is to pay up and let bygones be bygone.Start with a fresh slate.
Dear seniors,
Thanks for your kind support in this regard.
Based on your points, settlement will be done for him on coming monday.
Thanks.
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