Facing Unexpected Salary Hold Due to Performance Issues: What Are My Options Now?

Experience and Current Employment Situation

I have nearly 10 years of experience in sales and distribution handling. I have worked at several reputed companies like Cavinkare, Videocon, Sun Direct, and so on. I have been employed at an assisted e-commerce company in Bangalore for sales in parts of South Karnataka for 4 months.

For the first 3 months, I received my salary and conveyance on time, and everything was quite good. However, suddenly last month, 3 days before the salary crediting time, HR called and informed me that my performance was not up to the mark, the management is not satisfied, and my salary is on hold.

I was shocked by this news and don't know what to do. There were no performance targets set, no information provided, and no verbal communication at all regarding my performance.

Currently, I do not have a salary, and there is no confirmation about my job. What should I do? Should I go to the labor court to secure my job for at least 2 to 3 months until I find another opportunity? After this recent development, I am really reluctant to continue in such an organization.

Regards,

Mohan

Hi Mohan,

Withholding salary for non-performance is not legal. At the same time, if you approach a labor office, it could complicate the entire situation. As you mentioned, consider searching for a new job and completing your relieving process. If you have any pending dues, you may consider seeking assistance from the labor inspector.

Thank you.

Communication Barriers in the Workplace

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

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

General Comments on HR Practices

Employing a senior person in the organization and not informing them about the job targets speaks poorly of the management style. Furthermore, HR has put the salary on hold. This highlights how HR places so much emphasis on personal communication but overlooks the principles of organizational communication. If the performance was poor, why was the employee not informed earlier? Why was no written warning given? Employee engagement is the buzzword in HR. How can HR engage employees if there is non-communication?

Thanks,

Dinesh Divekar

Dear Mr. Dinesh Ji,

Thank you for your kind reply. The management or my seniors have not given me any targets. In turn, I have sent a "plan" for 2 months, and we have honored that nearly.

Please kindly suggest to me what the next steps should be in terms of safeguarding my salary and how I can secure at least a 2- to 3-month notice period. This would help me until I secure another job.

Since you were a Manager, you do not come under the provisions of the Industrial Disputes Act, 1947. However, it depends on how many subordinates reported to you.

Anyway, you may approach the Labour Officer (LO) of your area. Give a written complaint about your sudden removal from the job and non-payment of wages. Let us see whether he entertains your complaint. If he expresses his desire to be kept in good humor, then oblige his request. Otherwise, a civil suit is the only option.

Thanks,

Dinesh Divekar