Facing Unpaid Salaries and Threats of Backdated Termination: What Are My Rights?

I am working with a proprietorship firm situated in Bangalore, Karnataka. I joined on 22nd April 2013 as a Sales Officer. They discontinued paying my salaries and other allowances from the first month of joining. After a lot of conversation, they promised to pay on time from October 2013, but still, they have not cleared the dues. Now, when I ask them about my dues, they say they are not going to pay anything because I am a non-performer in sales and are also threatening that they already terminated me in October 2013, even though they didn't talk or give any termination letter in writing or orally.

They are paying salaries up to September 2013, and other allowances like TA, mobile allowance, internet allowance, etc., up to May 2013. So now, my dues from the company are from October 2013 to date for salary and from June 2013 to date for other allowances. They are harassing me by not paying and threatening me.

My Questions Are:

1. Can any employer not pay due to non-performance in sales when the employer is not providing any support or not mentioning these terms in the appointment letter?

2. Can any employer terminate me without clearing my dues and notice due to non-performance?

3. Can any employer terminate me on a backdated basis?

[QUOTE=S. Shee; 2140036]

To Respected Sirs, I am working with a proprietorship firm situated in Bangalore, Karnataka. I joined on 22nd April 2013 as a Sales Officer. They discontinued paying my salaries and other allowances from the first month of joining. After a lot of conversations, they promised to pay on time from October 2013, but they still have not cleared the dues. Now, when I ask them about my dues, they say they are not going to pay anything because I am a non-performer in sales. They are also threatening that they already terminated me in October 2013, even though they didn't provide any termination letter in writing or orally.

They paid salaries up to September 2013 and other allowances like TA, mobile allowance, internet allowance, etc., up to May 2013. So now, my dues from the company are from October 2013 to the present for salary and from June 2013 to the present for other allowances. They are harassing me by not paying and threatening me.

My Questions Are:

1. Can any employer not pay dues due to non-performance in sales when the employer is not providing any support or not mentioning these terms in the appointment letter?

2. Can any employer terminate me without clearing my dues and notice due to non-performance?

3. Can any employer terminate me on a backdated basis?

I am working with a proprietorship firm situated in Bangalore, Karnataka. I joined on 22nd April 2013 as a Sales Officer. They discontinued paying my salaries and other allowances from the first month of joining. After a lot of conversation, they promised to pay on time from October 2013, but still, they have not cleared the dues. Now, when I ask them about my dues, they say they are not going to pay anything because I am a non-performer in sales. They are also threatening that they already terminated me in October 2013, even though they didn't communicate or provide any termination letter, written or oral.

They are paying salaries up to September 2013 and other allowances like TA, mobile allowance, internet allowance, etc., up to May 2013. So, my dues from the company are from October 2013 to the present for salary and from June 2013 to the present for other allowances. They are harassing me by not paying and threatening me.

My Questions Are:

1. Can any employer not pay due to non-performance in sales when the employer does not provide any support or mention these terms in the appointment letter?

2. Can any employer terminate me without clearing my dues and notice due to non-performance?

3. Can any employer terminate me on a backdated basis?

Regards.

They will not authorize terminating you in such a manner. The general rule is:

1. If you are not a performer, they will intimate you in writing.
2. They may conduct training, counseling, coaching, etc., so that you perform better.
3. If they are not providing such facilities, then they may ask you to leave.
4. In the latter case, they will clear all your dues.
5. They cannot terminate you on backdates.
6. If such terms were not mentioned in the appointment letter but duly agreed upon at a later stage, you should follow the rule.

Regards,
Ziad Hussain

Yes, sir, I have an appointment letter, but it does not mention such things. If I fail to perform, they can terminate me at any time or with one month's notice period without any reason.

Regards,
S. Shee