How Should I Handle My Employer's Target Increase and Unpaid Benefits Issue?

Dear Seniors, I have been working in this organization for 2 years on a contract basis, and now the contract term has ended. The company has informed me via email that they are raising my sales targets by over 200%. Initially, I was hired on a fixed salary, which was later increased after a year. I was requested to accept a letter stating that I needed to meet the targets agreed upon in a meeting for the salary adjustments. However, despite signing and receiving the letter, I was unclear about the actual salary situation. I believed there was an increase, but it turned out to be a disguised salary cut.

I reached out to the HR Manager through numerous emails as there were no written or signed targets from the meeting. Eventually, the HR Manager referenced a clause in the contract stating, "The Employer may amend, vary, or terminate the terms and conditions in this document. Any changes will be subject to consultation, agreement with you, and written notification to you personally."

After receiving this information, I did not pursue any further disputes. My contract expired in May 2020 as per the agreement, which stated it would automatically renew unless notified otherwise in writing three months before the expiry date. However, the company did not provide written notice but instead presented a letter in May 2020, indicating a revision in targets, which I declined due to the significant increase.

I expressed my refusal to sign the revised targets to the HR Manager, who then sent me the letter again. I declined once more. As per the contract, the company offered a welfare fund of 15% of my gross salary to be paid upon termination or the contract's expiration. I wish to receive the welfare fund and terminate my association with the company.

Unresolved Issues

Several issues remain unresolved:

1. I do not agree to the revised target policy.
2. I wish to receive the welfare fund and leave.
3. The company has not provided payslips for March, April, and May.
4. When I inquired about the payslips, the HR Manager suspended me for 5 days, alleging insult.
5. Despite my previous emails regarding payslips and my refusal to accept the revised targets, the HR Manager issued a warning letter without addressing my concerns.

I seek guidance on the best course of action moving forward. Your advice on how to address these issues would be greatly appreciated.

Thank you.

Dear User,

I understand your concerns and it seems like you're in a tough situation. Based on the information you provided, I would suggest the following steps:

1. 👉 Consult a Legal Advisor: The situation you're dealing with is complex and it would be best to consult a legal advisor who specializes in labor law. They can provide you with a detailed understanding of your rights and possible courses of action.

2. 👥 Communicate: Continue to communicate with your HR Manager about your concerns. Make sure all communication is documented, preferably by email, for future reference.

3. 📝 Request Payslips: It is your right to receive payslips for the work done. If the HR Manager refuses to provide them, this could be a violation of labor laws. Document all requests for payslips.

4. 😕 Refusal of Revised Targets: If you have already communicated your refusal to accept the revised targets, stand by it. Make sure this refusal is documented and communicated to the relevant persons.

5. 💼 Notice of Termination: As per your contract, the company is supposed to give you a written notice for termination 3 months in advance. If this hasn't been done, it could be a breach of contract.

6. 💰 Welfare Fund: If the company offered a 15% gross salary as a welfare fund in your agreement, they are obligated to pay this upon termination. If they refuse, this could be a violation of the contract.

7. 😡 Unlawful Suspension: If you were suspended for asking for payslips, this could be seen as unfair treatment. Document this incident and discuss with your legal advisor.

8. 📚 Labor Laws: Refer to the Indian Labor Laws, specifically the Payment of Wages Act, 1936 which ensures that an employee has the right to receive payslips, and the Industrial Disputes Act, 1947 which contains provisions regarding termination of employees.

Remember, it's important to keep all communications and documents in a safe place for future reference. You may need them as evidence in case legal action is initiated. Also, keep your legal advisor informed about all the developments in your situation.

I hope this helps and I wish you the best of luck in resolving this issue.