Dear HR folks,

I had put up 45 months of service in a company in  a managerial position and there was a deduction of 25% in my fixed pay for last one 15 months  and there is no official communication given to the employees to this effect and it was informed that the amount deducted would be added back in the fixed pay soon after the company situation improves.  Further, another 25% of gross pay as Variable pay is also due which is also not released by my employer till December, 09.

Due to some other opportunity I had resigned and I was relieved from the services of this Company and I had requested the management to release all my pending payments including fixed pay as well as variable pay arrears.  However, while they have issued a service certificate mentioning my full fixed pay and variable pay in the salary structure but fixed pay arrears and variable pay for past 15 months are not released in the full and final settlement of account.  When I ask for the same they inform me that variable pay % is not yet decided by the management and as soon as this is decided they will release my variable pay and they did not respond any thing for my fixed pay arrears.  I really do not find any grim situation to hold back the 25% of fixed salary and 25% variable pay for past 15 months which is working out to roughly Rs.3.5  lakhs.


Under the circumstances,  your help and  expert advise is solicited as to how I should approach my previous employer to get these arrears without disturbing my position and role with the present company. The company which I have left has posted profits for past few years even 2008-09 also made profits and paid dividend to the shareholders.

Regards,

HK