I joined the company in June 2013. I was made to work night shifts throughout my entire stay, even though my timings were different. Eventually, I resigned in November 2015 due to health issues caused by the night shifts. The company talked to me and retained me by promising a day shift and also accepted a full month of unpaid leave for December 2015. I rejoined the company with the understanding that I would work the day shift. So, I started again in January 2016, working from 1:30 PM to 10:30 PM IST.
Recently, at the end of November 2016, the company forced me again to work total night shifts, sometimes 6 nights per week! I made it clear that I couldn’t work night shifts again, which was not what we agreed upon when I was retained last year. However, the company insisted that I either work or look for a new job. Consequently, I submitted my resignation immediately.
I couldn’t serve the notice period of 3 months because this was not what we mutually agreed upon when they retained me, and I face a lot of health issues working nights. Now they say they won'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 an actual salary of 7 L and 1 L as a “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 the current take-home of 7 L/a!) This is not any extra cash allowance or performance-related bonus but part of my salary, and there should be no clause for the salary part saying it will be given only upon completion of 1 year. This means the company took services equal to my salary but withheld 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 the 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 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 evidence for this. He runs his own life insurance agency and forced, chased his employees to buy his policies because he needed a 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). At the end of 2014 (November or December 2014), the company gave this manager part of our salary in the form of cheques, and he forced employees to encash the cheques and buy his policies. How can the company hand over part of the salary of employees to this manager?
The same manager forced me to work night shifts again and asked me to work or quit. Now, am I not eligible to receive my salary (termed as retention bonus!) on a pro-rata basis? How can we file a legal suit against this manager?
Regards
From India, Hyderabad
Acknowledge(0)
Amend(0)
Recently, at the end of November 2016, the company forced me again to work total night shifts, sometimes 6 nights per week! I made it clear that I couldn’t work night shifts again, which was not what we agreed upon when I was retained last year. However, the company insisted that I either work or look for a new job. Consequently, I submitted my resignation immediately.
I couldn’t serve the notice period of 3 months because this was not what we mutually agreed upon when they retained me, and I face a lot of health issues working nights. Now they say they won'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 an actual salary of 7 L and 1 L as a “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 the current take-home of 7 L/a!) This is not any extra cash allowance or performance-related bonus but part of my salary, and there should be no clause for the salary part saying it will be given only upon completion of 1 year. This means the company took services equal to my salary but withheld 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 the 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 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 evidence for this. He runs his own life insurance agency and forced, chased his employees to buy his policies because he needed a 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). At the end of 2014 (November or December 2014), the company gave this manager part of our salary in the form of cheques, and he forced employees to encash the cheques and buy his policies. How can the company hand over part of the salary of employees to this manager?
The same manager forced me to work night shifts again and asked me to work or quit. Now, am I not eligible to receive my salary (termed as retention bonus!) on a pro-rata basis? How can we file a legal suit against this manager?
Regards
From India, Hyderabad
Acknowledge(0)Amend(0)
Legal Aspects of Employment Disputes
See, there are many legal aspects involved, so let's take one at a time:
1) Firstly, you will not be protected by the labor department. The Payment of Wages Act will not help you because your salary is very high. Also, by night shift, I understand it is the IT industry.
2) Now, your biggest ally here is the Indian Contract Act. This is a civil legislation, so the remedy will not be quick, but with a good lawyer on your side, you can get a settlement rather quickly. If you have any email confirmation or correspondence suggesting that the employer agreed to no night shift, then you can claim a 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 the case of that manager, if there is proof in custody, a clear case of extortion can be made.
5) The company can also be dragged into court on charges of tort, as there is a lot of inconvenience to you.
From India, Kolkata
Acknowledge(1)Amend(0)
180See, there are many legal aspects involved, so let's take one at a time:
1) Firstly, you will not be protected by the labor department. The Payment of Wages Act will not help you because your salary is very high. Also, by night shift, I understand it is the IT industry.
2) Now, your biggest ally here is the Indian Contract Act. This is a civil legislation, so the remedy will not be quick, but with a good lawyer on your side, you can get a settlement rather quickly. If you have any email confirmation or correspondence suggesting that the employer agreed to no night shift, then you can claim a 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 the case of that manager, if there is proof in custody, a clear case of extortion can be made.
5) The company can also be dragged into court on charges of tort, as there is a lot of inconvenience to you.
From India, Kolkata
Acknowledge(1)Amend(0)
Thank you, LLI,
I have backed up emails and will focus on the Manager's issue first. Finally, which institution to approach and where to lodge the initial complaint about this manager?
Thanks in advance,
BE
From India, Hyderabad
Acknowledge(0)Amend(0)
I have backed up emails and will focus on the Manager's issue first. Finally, which institution to approach and where to lodge the initial complaint about this manager?
Thanks in advance,
BE
From India, Hyderabad
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Amendment to Payment of Bonus Act 2015.jpg
H.R.Manager - Job Chart.doc
Bonus act amendment gazette copy.pdf