can an employer reduce basic salary without consent of emplyee in the name of appraisal? If not what action we can take ?
From India, Gurgaon
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From India, Gurgaon
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As per law, employers should never reduce your basic salary in any way or form. If you are considered a workman as classified by the ID Act, you have the option to file a complaint with the Labor Commissioner. If you are not classified as a workman, your sole recourse is to initiate a civil case to restore your previous basic salary. However, engaging in litigation with your employer may have an adverse impact on your relationship.
Thank you.
From India, Jaipur
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30Thank you.
From India, Jaipur
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Your employer can't reduce the basic pay. If they do, they will need to face the following problems:
- EPF Office will not allow such a reduction in the amount.
- The Labour Department will not allow for the Bonus and Gratuity amounts.
- It needs to be determined whether the Minimum Wage Act will be considered or not.
Seniors, please shed some light on this.
Thank you,
Regards,
Ashish
From India, Pune
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- EPF Office will not allow such a reduction in the amount.
- The Labour Department will not allow for the Bonus and Gratuity amounts.
- It needs to be determined whether the Minimum Wage Act will be considered or not.
Seniors, please shed some light on this.
Thank you,
Regards,
Ashish
From India, Pune
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My company has reduced my basic salary from 40% to 30% along with the appraisal letter and kept the gross salary the same by increasing the allowances and PF contribution but reduced gratuity. They have written that based on performance, I am not eligible for a salary increment and bonus. As per the company, "deduction or increment in salary can be made by the company based on performance at any point in time and it is at the sole discretion of the management of the company." I hadn't accepted it and resigned. Please help me.
Regards.
From India, Gurgaon
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Regards.
From India, Gurgaon
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If you haven't accepted, then there is no agreement in existence at all as per law. You have no base in this case. The only option left is whether to accept the job or search for another.
You have answered your own question: "Deduction or increment in salary can be made by the company based on performance at any point in time, and it is at the sole discretion of the company's management."
Attribution: https://www.citehr.com/468397-reduct...#ixzz2bs17Wgh8
From India, Bangalore
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You have answered your own question: "Deduction or increment in salary can be made by the company based on performance at any point in time, and it is at the sole discretion of the company's management."
Attribution: https://www.citehr.com/468397-reduct...#ixzz2bs17Wgh8
From India, Bangalore
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I will not agree with the views of our respected member D. Gurumurthy. First and foremost, as per P.F. law, you cannot reduce the Basic. Furthermore, P.F. is a long-term benefit plan for the employee. I hope the respected member will correct his views without prejudice.
Regards,
Ravi
From India, Mumbai
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Regards,
Ravi
From India, Mumbai
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Please read the acts carefully. Nowhere in any law does it say that the employer cannot bring down basic or even gross salary. The PF Act states that salary cannot be reduced to adjust it for the recovery of PF from the salary by any means. In plain language, if you are getting PF for the first time, your salary cannot be reduced to the extent of PF (or part of that) so that the employer can recover his contribution from your salary. That is all it says. The only other restriction is that the salary should not go below minimum wages.
In terms of the Industrial Dispute Act, you can raise a dispute on this matter, and it can be taken up for conciliation or industrial action. But the act does not by itself prevent the lowering of salary. Incidentally, the salary is not (to the best of my knowledge) a condition of employment. Conditions of employment can't be changed without giving notice of change and following the rules under the act.
From India, Mumbai
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In terms of the Industrial Dispute Act, you can raise a dispute on this matter, and it can be taken up for conciliation or industrial action. But the act does not by itself prevent the lowering of salary. Incidentally, the salary is not (to the best of my knowledge) a condition of employment. Conditions of employment can't be changed without giving notice of change and following the rules under the act.
From India, Mumbai
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If there is a clause in your appointment letter about the reduction of your salary based on performance appraisal, then your salary can be reduced. Otherwise, it should not be. In the private sector where no statutory compliance is followed, anything is possible. If your gross salary and PF deduction remain the same, then there is no issue. It is clear that your performance is not acceptable to the company, and it should serve as an alarm for you to start looking for another job before being let go. It is a fact that if you want the best job, the company also needs the best employee. So, don't worry and don't waste your time on legal action. It is a part of life; move forward and explore more opportunities.
Good luck,
Uday
From India, Faridabad
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Good luck,
Uday
From India, Faridabad
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Dear Sir,
Mohan has worked for 8 years in a company, and his basic salary was Rs. 25,000/- Initially. However, after 6 years, they reduced his basic salary to Rs. 18,000/-, although his gross salary remained the same.
Now, after 8 years, Mohan has resigned and smoothly handed over his responsibilities. The question arises, on which basis salary will he receive his gratuity?
Thank you.
From India, Mumbai
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Mohan has worked for 8 years in a company, and his basic salary was Rs. 25,000/- Initially. However, after 6 years, they reduced his basic salary to Rs. 18,000/-, although his gross salary remained the same.
Now, after 8 years, Mohan has resigned and smoothly handed over his responsibilities. The question arises, on which basis salary will he receive his gratuity?
Thank you.
From India, Mumbai
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