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noorularfin   28 March 2015

Salary highly reduced by employer

I am working in a BPO for more than 12 years. I am working in Noida Branch and my company’s head office is in Delhi. Our organization has approx 1600 employee and it is a pvt ltd company (not ISO certified).

Currently I am facing a very big issue with my salary. Our company provided 12000 basic salaries (as per govt's minimum wages act) without giving any other allowances. Rest is incentives which can be much higher than basic salary and can be 0 (based on performance).

When I joined my company I was send to a project where I spend approx 10 years. I was excellent at my work. I was getting maximum incentives (Salary) & performance bonus.

But last year our management has send me in some other project on the name of project requirements. As per my observation there were no any project requirements. I requested them many times to not to send me in that project because I was aware that I could not perform well due to project’s critical work. But they send me forcefully and tell me our decision is last. As expected I could not perform well in that project and after that again management send me in some another project. In this new project I am also under performer. Today management told me that if you will not perform we will issue you MEMO. They take sign of underperformer employee on MEMO.

I have given 12 years to my organization. I never receive any MEMO when I was in my first project because I was super achiever. Where I was getting maximum salary, Incentive & Bonus in my first project (30000+ pm), now I am only getting basic salary (12000). It happened, only because management sent me to another project forcefully. I am suffering with my family due to this huge salary decrement. Also it is giving me a big mental and financial harassment.

On the basis of above information I just need the answers of my below mentioned queries:

1. Can I take legal action against my organization on the basis of salary deduction or forcefully project movement??

2. Is there any government's wages rule as per work experience??? As per example, if a graduate employee is working in an organization for more than 10 years and if another graduate employee is working for less than a year, as per government labor laws what is the differences between both the employees on the basis of salary???? Is there any government rule for giving more salary to an experience employee???



Learning

 2 Replies

Kumar Doab (FIN)     29 March 2015

 

HOPE YOU WILL TAKE THIS POST POSITIVELY!

Once again the question arises: “Why Employees continue to suffer with such tantrums/transgressions by employers and their CRONIES/ATTRONIES in Line/HR Managers????

Because Employee’s find it shameful to unite, form unions/Grievance Redressal committee/Works Committee, affiliate with trade unions, retain access to an able Labor Law Consultant/service Matters lawyer/Law firm!!!!!!

Majority of the employee are ill informed and ill informed employee is susceptible to exploitation.

 

 

 

Your able Labor Law Consultant/Service Matters Lawyer/Law Firm may like to go thru the language of appointment letter/incentive circulars/performance bonus/transfer letters/break up of the salary mentioned in appointment letter-salary slips—Min Wages Circular issued by CLC etc….verbatim.

 

 

Generically speaking: Performance bonus id for achieving Performance parameters stated in announcement of such scheme……..and if it is stated in appointment letter/service rules/standing orders that service can be transferred from one project to another than it can be.

 

 

You could have changed to some good employer offering higher fixed wages while you were delivering high performance………………..and might change even now ………………..without any altercation.

 

You are legible for PF,ESIC, Gratuity.

T. Kalaiselvan, Advocate (Advocate)     01 April 2015

You have to refer to the terms and conditions of employment made in the offer letter and letter of appointment. If there appears  any violation of the agreed terms by the employer and your grievances are justified, you may take legal recourse to solve the issue or else it is always better to look for a different prospective employment elsewhere especially in the light of you having been employed using your excellence and talent it may not be difficult for you to get a better employment in the same field.


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