Please see my query as I am looking for an early reply. I am a manager in an IT Consulting firm in Delhi, and they have a policy of work from home for the benefit of their employees during their illness. As I was quite ill, they gave me the option to work from home.
Work from Home Policy and Salary Conditions
The policy states that the complete salary will be payable to me, but with a condition that this will only be paid after 5 years from the last day of work from home. Despite the difficulty I faced due to illness, I agreed to this policy. I would like to know if any company can offer such a benefit with such a condition.
They have paid my salary on time for the months when I was working in the office. Can an employer pay the arrears of salary to an employee after 5 years based on their work from home policy? Please advise and clarify as per Indian law.
Regards
From India, Delhi
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Work from Home Policy and Salary Conditions
The policy states that the complete salary will be payable to me, but with a condition that this will only be paid after 5 years from the last day of work from home. Despite the difficulty I faced due to illness, I agreed to this policy. I would like to know if any company can offer such a benefit with such a condition.
They have paid my salary on time for the months when I was working in the office. Can an employer pay the arrears of salary to an employee after 5 years based on their work from home policy? Please advise and clarify as per Indian law.
Regards
From India, Delhi
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As you mentioned that you are working as a manager, none of the labor laws are applicable to you. Additionally, the terms mentioned are agreed upon by you post mutual understanding from both parties, making it very difficult to challenge the same in civil court as well. It would have been advisable to think before signing such an agreement.
From India, Mumbai
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208From India, Mumbai
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Thank you, Tushar. But if you can provide any references for an HR advisor in Delhi, that would be great.
Question on Salary Arrears and Taxation
One more thing to ask is if I were to be employed by another employer now, would they consider these arrears of salary as my salary for that period or not? At that time, there was no tax deduction, hence no Form 16 was issued to me since my regular salary was below the taxable slab. The remaining salary was for the work-from-home option, to be provided after 5 years.
Please advise and suggest.
Thank you.
From India, Delhi
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Question on Salary Arrears and Taxation
One more thing to ask is if I were to be employed by another employer now, would they consider these arrears of salary as my salary for that period or not? At that time, there was no tax deduction, hence no Form 16 was issued to me since my regular salary was below the taxable slab. The remaining salary was for the work-from-home option, to be provided after 5 years.
Please advise and suggest.
Thank you.
From India, Delhi
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