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Can we forfeit incentives if company is making loss


28-Dec-2023 (In Corporate Law)

We are IT co going through a rough patch financially resulting in delayed salaries & no payment of incentives .1 of our Sr. Sales manager frm Kerala has resigned & is claiming incentives of approx 13L for 2010-2013 which we are in no position to pay . He has been threatening to file a criminal case for this My Queries are 1.Since we are mumbai based co ; can he file a case in Kerala-his appointment letter does not mention any jurisdiction clause since he was old employee - new letters hv jurisdiction clause. 2 Is there any remedy for forfeitin incentives for company making losses

Answers (1)

Answer #1
812 votes
1)As there is no jurisdictional clause he can file case in kerala.
2)The answer to your second question depends on many other facts like on what basis were incentives given to sales manager? Was there any mention of incentives in appointment letter stating that incentives will be given on basis of sales or was it given as a token of appreciation. Also one has to see loop holes in terms which may allow company in forfeiting incentives of employees.

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