My company is not paying my incentive

Originally posted by : Veena Jain
	Hello, I have been working in an event agency and have done business generation for about 9Cr. however the company are now finding loopholes in the contract and trying hard by giving false excuses to pay against the business also hiding the final amount in the working sheet. Can I sue them? they are also blackmailing me to resign from the entity and join different dept. to continue receiving salary however since a year in pandemic am already working for the different dept. and that salary was not a problem till now but with incentive payment it is a problem.  Can the company stop all the incentives even if the clause says one thing with no proper clarity? If a company has made profit and not lost any money still can they decide not to pay the employee? Please note am the only Business development person in the company so for me there's no reference

Incentive is an internal policy matter of the company for which it would be appropriate to settle the issue amicably / across the table, where you may not get positive relief from the Courts and initiation of legal action may back-fire against you.

It is better to consult and engage a local prudent lawyer for analyses of facts/ documents, professional advise and necessary proceeding.

Unless the incentive offer policy is studied, it is difficult to provide any opinion.   Everything depends on the understandings reached as per mutual contractual terms. Only local advocate can extend practical guidance.

Yes, no definite suggestion is possible unless all the aspects discussed and related documents perused. Only a local legal professional would be able to assist you.

Does the terms of appointment provide for any arbitration clause? 

You have not mentioned if the incentive payment was part of the conditions made in the employment offer letter.

Do you have evidences example balance sheet or books of accounts of the company to prove that the company yielded profits  

Do you have documentary evidences to prove that your contribution to the company enabled the company to ern profits as alleged by you?

What is the contract or terms of employment state about payment of the incentives claimed by you now?

Did you given in writing to the management demanding the incentives for the works you have done which yielded profits?

Was there any reply  to the letter / representation made by you by the company, if at all you made one.

You may collect the details and discuss with a local advocate and proceed if suggested to issue a legal notice to the company demanding the  so called incentive

in case you have a contract to this effect, you may file a suit for recovery.