Resigned after salary/commission disputes, company now demanding notice pay while withholding salaries and mistreating employees — Need legal advice
Hi everyone,
I need legal guidance regarding my recent resignation from a private company in Rajasthan and the overall work practices happening there.
I joined the company on 24th November 2025 as a Marketplace Manager with a salary of ₹40,000 and a verbally discussed commission structure of around 1–2%.
I was responsible for generating international sales revenue for the company.
The targets below were assigned by the company, while the “actual” figures are what I personally achieved:
- December target: 5000 | Achieved: 6412
- January target: 15000 | Achieved: 19256
- February target: 18000 | Achieved: 14175
- March target: 20000 | Achieved: 17653
Dollars*
Total target assigned: 58000
Total achieved by me: 57496
Despite shipment delays and operational issues from the company side, I still achieved almost the complete assigned target and exceeded targets in multiple months.
However, throughout my employment, there were continuous issues regarding salary, compensation, and employee treatment.
Main issues:
The verbally discussed commission structure of around 1–2% was later reduced to around 0.40%.
Additional deductions such as ad costs were introduced later despite never being communicated initially.
Salary deductions were made even for informed leaves related to sickness and visa work.
I repeatedly discussed compensation concerns with management. During one discussion regarding my salary expectations and financial concerns, I was told:
“Salary ki baat tu mere pe chod de.”
After around 45 days, when I again raised the topic, I was directly told:
“Salary ki baat hui hi nahi thi.”
This complete denial of earlier assurances broke my trust completely.
- My commission sheet itself showed:
- Revenue: 57,496
- Commission rate: 0.40%
- USD commission: 229.98
- Conversion rate: 91.6
- Expected payout: ₹21,066
However, I was paid only around ₹16,500, leaving roughly ₹4,500+ still unpaid.
Salaries in the company are regularly delayed. Officially salary is supposed to come on the 15th, but practically employees receive it around 10 PM on the 15th or effectively on the 16th.
Employees are expected to work beyond duty hours without overtime compensation.
Public holidays are generally not given.
Currently around 7–8 employees are also waiting for around 15 days salary which has still not been paid.
Today, the company also removed my junior employee. He had already completed 3 months internship without any pay and was officially appointed as an employee on 1st May at ₹12,000/month. The company terminated him today and allegedly told him that neither salary nor certificate would be given.
I was also informed that his phone was taken and checked by the company management to read his chats with me, which I personally found extremely disturbing and inappropriate.
Because of all these issues, I resigned with immediate effect through email.
Now HR has responded saying:
- I must serve notice period, OR
- Pay one month salary compensation as per company policy.
My concern is:
How can company policy apply strictly to employees while the company itself does not honor compensation commitments, delays salaries, changes commission structures, and allegedly withholds salaries/documents from employees?
I am still waiting for:
- Salary from 1st May to 16th May
- Remaining commission difference
- Return of submitted documents
I have:
- Email records
- HR replies
- Performance sheets
- Commission calculations
- Salary proofs
- Some chats/call records regarding compensation discussions
I want genuine legal guidance regarding:
- Labour complaint options
- Salary recovery process
- Whether notice pay can still be enforced in such cases
- Whether unpaid internships and withholding certificates are legal
- Whether checking an employee’s personal phone/chats is legal
- Best next step: labour department, legal notice, or settlement
Would genuinely appreciate guidance from lawyers or people experienced with Indian labour law/employment disputes.
Thank you.