Incentives
Venkat
(Querist) 16 December 2015
This query is : Resolved
Dear Sir/Madam,
I worked in private pharmaceutical company for 1.8 years, according to company policy if a sales person achieved given target he will be rewarded with incentives.
Terms and conditions : consecutive Three months 100% and above fourth month it should be above 95%.
As per the company conditions i achieved my target, but after achieving target i resigned and joined another company.
My Ex company is not giving my incentives since i resigned.
I would like to know the way forward.
Kindly suggest
Thanks & Regards
venkat
P. Venu
(Expert) 17 December 2015
You can serve Notice on the company if the issue is worth pursuing.
Kumar Doab
(Expert) 17 December 2015
Have you asked to pay in writing?
Has the company declined to pay in writing?
What is the reason quoted by the company: You left in 4th month or the territory did not achieve 95% in 4th month?
What is your designation: MR or Manager at 1st/2nd line etc?
Venkat
(Querist) 17 December 2015
Dear Kumar Sir,
Yes, I have sent email to the company asking my incentive amount.
Company replied that they pay incentives to those who still working not for resigned employees.
I achieved target more than 100% for the months January 2015 to March 2015 and fourth month i.e April also i did 100% then i resigned in the month of May 7.
My designation is MR (Clinical business associate).
I have done followup for more than six months with the company.
Kindly help me with some advise.
Thanks & Regards
Venkat
Kumar Doab
(Expert) 17 December 2015
You have posted that:
----" Terms and conditions : consecutive Three months 100% and above fourth month it should be above 95%."
Is it part of conditions that " Incentive shall be paid to those who still working not for resigned employees?"
The HR of majority of the companies have their Private/internal T&C ( that may not be downloaded down the line) that incentive shall not be paid to employees that are in notice period or have resigned before disbursement.
Incentive like wages is also fruit of labor.
Therefore such conditions usually do not have any legal force.
You may reply that you have satisfied the conditions of performance and the incentive be released intermediately, say within next 7 days.
If still HR/Line Managers do not disburse submit final communication to MD,Chairman.
---"My designation is MR (Clinical business associate)."
The pharma companies have designated employees doing the job of MR with fancy designations to keep them out of unions and claim that they are not 'Workmen', however there are decisions that they are covered.
You may lodge complaint with MR's local union.
Or let your able labor law consultant speak to the HR head and the payout may be released.
If still you are unable to resolve you may come back in this thread.
Venkat
(Querist) 18 December 2015
Dear Kumar Sir,
I had sent mail to HR and concerned departments also they have replied same that they will not disburse amount to resigned employees.
Shall i give complaint at Labour department Karnataka? or kindly suggest the way forward.
Thanks
K.S.Srinivas
(Expert) 19 December 2015
Yes. You can file a complaint with the Labour Department, provided you designation is covered under the definition workman under ID.Act, 1947.
Dr J C Vashista
(Expert) 20 December 2015
I agree with experts advise, proceed to recover your earned money (amount of incentive) through a local lawyer
Kumar Doab
(Expert) 20 December 2015
Would you clarify that why you are not inclined to route thru MR's Unions/Trade Unions?
Based on your reply I shall post further.
Venkat
(Querist) 20 December 2015
Dear Kumar sir,
MR's Union is highly inactive here and i don't think we have a union here in Karnataka. None of my colleagues have discussed about union in Karnataka.
Kindly advise
Venkat
(Querist) 20 December 2015
My other colleagues from other states told me that MR's are having particular timings to work. Like up to 5 PM after they should not work.
But in Bangalore i / we work till 11 PM also some times.
Kumar Doab
(Expert) 20 December 2015
In Mumbai or even in Rajasthan the MR's work till late in night.
They have aligned the timings with timings set by doctors.
It is hard to believe that the unions in Karnataka does not exist.
Why don't you just check with FMRAI/CITU/AITUC/INTUC etc......
Nevertheless since the company's officials have declined to pay in writing now you can seek a legal recourse.
Do you have the copy of incentive circular and all communications pertaining to payment of incentives and Tgt Vs Perf. criteria and data?
You may show all the docs on record to an able counsel specializing in Labor law, before you proceed to agitate in any forum.
It is felt that you may not proceed as PIP-Party in Person.
T. Kalaiselvan, Advocate
(Expert) 26 December 2015
You may issue legal notice demanding your dues and await their reply, if they do not respond properly you may opt for legal course of action.
Kumar Doab
(Expert) 26 December 2015
Do you have the copy of incentive circular and all communications pertaining to payment of incentives and Tgt Vs Perf. criteria and data?
Have you shown all the docs on record to an able counsel specializing in Labor law.
Have you decided to proceed legally to recover the unpaid amounts.
You are at which location, in Karnataka?
Venkat
(Querist) 26 December 2015
Dear Kumar Sir,
I have the copy of incentive circular and i have the details of Tgt Vs performance data also.
Yes i am going to log complaint next week in the labor department, Karnataka.
If i don't get any response then sure i will proceed legally.
Yes sir i am at Karnataka location.
Thanks
Kumar Doab
(Expert) 26 December 2015
One and all in your company has declined in writing to pay incentives.
Everyone seems to have done the homework and consulted and obtained in house HR/Legal opinion.
The consultation with an able counsel before lodging complaint might fetch you insights on options, merits and remedies.
Rest is upto you.
Venkat
(Querist) 26 December 2015
Dear Kumar,
Shall i understand your advise?
Whom i can consult?
Kumar Doab
(Expert) 27 December 2015
You can consult with confidence an able counsel specializing in Labor law,and take help of employee's/trade union leaders.
T. Kalaiselvan, Advocate
(Expert) 27 December 2015
You may follow the advises rendered by expert Mr. Kumar Doab, which seems more meaningful.
