Regarding performance based payment and the laws regarding it

983 votes

The company ought not be allowed to deviate from the original representation they gave you. This is, properly speaking a case in the field of employment law and general law of contract, it is not a case of corporate law per se.
The best recourse would be a civil suit for adhereing to the original contractual terms that the company had representated to you and that you had agreed to/accepted when you took up employment with them. The company also cannot unilaterally change or modify the terms of the their employment contract, or their payment policy. If they do so, an action can lie both under law of contracts and law of employment.
A suit for declaring the change in policy from salary based to performance based as being illegal, and for specific performance of the employment agreement as accepted by you. This is what you need to file. You might have to consider appropraching your HR first and then moving up the ladder. You may have to approach the labour court if the company and the nature of your employment falls within the jurisdiction of such a court.
However, this is subject to consideration of actual terms of the employment contract or policy of the company, a clear and thorough understanding and assessment of the facts of your case. Kindly discuss in detail with a professional before taking any step.

Advocate Mrinalika Devarapalli LawRato

625 votes

Can you help with details more clearly? Have you received any parameters on which your performance will be judged? What kind of work have you done for 2 months?

If you have any documentation/appointment letter stating the terms of your employment, they can be useful to determine the extent of the company’s right to change your payment basis.

Advocate Vishakha Phatnani LawRato