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Old 15 November 2010, 11:11 PM
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Sp33dY
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Default employment help

hi there need a bit of advice.

this is my situation.

i was employed in a sales role within my company, i earnt xxx commision for the konth of october it gets paid a month after.


from november the 1st im now in a salary based role where i dont earn any commision, ive sppoken to my boss and he said my commision will be incoporated to make up my salary for this month.


my argument is this cant be right, i should be paid for what i earnt PLUS this months new wages.

as what i earnt in october shouldnt be counted to make up my new wage IT should be paid ontop?


im getting really fustrated with this,

can anyone help or offer any advice?
Old 16 November 2010, 09:54 AM
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you're right - what you've earned up until a point is different.

Do you have a new contract? When did this come into effect?

I'd recommend checking with HR or (unsure if they can help) .... do a search for ACAS - they have an 0845 helpline
Old 16 November 2010, 02:06 PM
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What would have happened to the commission if you had left rather than moved to a new role? Would they have been contractually bound to pay it to you? If so, then I don't think they can just incorporate it into your new salary - they have to pay it on top.

Last edited by scud8; 16 November 2010 at 02:08 PM.
Old 16 November 2010, 02:23 PM
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I'm sure your commission will be paid, rolled over to the November pay. Do you know how much you are going to be getting for the sales in October. If so double check with your management that this will be applied to your November pay.

Ask them if break it down

Salary XXXX
Commission. XXXX



Be calm and don't kick up about it until your told point blank you are not getting any commission based pay for October.
Old 16 November 2010, 02:24 PM
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how is the pay structured? do you earn in arrears? or 2 weeks in arrears and 2 weeks ahead?

in certain scenarios, your pay situation does add up.
Old 16 November 2010, 03:27 PM
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Sp33dY
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with my pay what ever i earn for the month is paid in next months wages.

so if i earn xxx commison from 1st oct to 31st october i would get it paid on the last working day in november.

so it woould be octobers commision + my basic pay.
Old 16 November 2010, 03:59 PM
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David Lock
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Is your basic salary paid at the end of the month i.e. was your October basic paid at end of October with any commission earned to be paid a month later i.e. at end of November?

If basic is paid at end of the same month then you should be paid your new higher non-commission salary at end of November PLUS your final commission payment from October.

I'd wait and see what happens before making a fuss.

dl
Old 16 November 2010, 04:04 PM
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Leslie
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I think it is a poor do if they are trying to avoid paying what you are due. I hope it gets sorted for you.

Les
Old 16 November 2010, 04:18 PM
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jasey
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Originally Posted by David Lock
I'd wait and see what happens before making a fuss.

dl
This !

But if the commission isn't there at the end of November - time to punch someone's lights out
Old 16 November 2010, 04:41 PM
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I just thought...

the details of your commission structure/renumeration dates are in a signed employment contract?

If so, you're in a great position to demand anything you can prove you've earned before the transition from sales to salaried contract.
Old 16 November 2010, 07:21 PM
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yeah, at my place it would be new higher salary in November as well as the earnt commission for October being put on top of that.

To be honest, if you're paying for yourself as a resource, bringing in the revenue and hitting targets and they still try to shaft you for Novembers pay I'd be pretty peeved, but I'd also clarify everything before they run payroll for November, as it's gonna be a lot more work to get your money back after the fact.

Good luck!
Old 16 November 2010, 10:02 PM
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Scooby Jo
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Some steps to take - I'm on the HR/Payroll side at work - such a popular job to pick.

Firstly, speak to the people who do the payroll - it may be a simple misunderstanding my your boss, some can be thick when it comes to pay.

Secondly, if no joy put your point in writing - head it up as a grievance. It is classed as an unlawful deduction from wages (provided you have the contracts to prove it). They legally have to go through a grievance process with you once you've raised it, and it will strengthen your case if it goes to court. Always think where could this end up, so keep a paper trail - they will.

If still no joy and you have both contracts and copies of your payslips, go to a no win no fee solicitor. I personally hate them but being on the receiving end of the odd letter does tend to focus the mind. Either that or the CAB but I think they are slightly over worked these days.

ACAS won't get involved in something like this unless you've chosen to go to Tribunal, which is when they step in and try to resolve it

Hope this helps, good luck.
Old 16 November 2010, 10:05 PM
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Originally Posted by Scooby Jo
Some steps to take - I'm on the HR/Payroll side at work - such a popular job to pick.

Firstly, speak to the people who do the payroll - it may be a simple misunderstanding my your boss, some can be thick when it comes to pay.

Secondly, if no joy put your point in writing - head it up as a grievance. It is classed as an unlawful deduction from wages (provided you have the contracts to prove it). They legally have to go through a grievance process with you once you've raised it, and it will strengthen your case if it goes to court. Always think where could this end up, so keep a paper trail - they will.

If still no joy and you have both contracts and copies of your payslips, go to a no win no fee solicitor. I personally hate them but being on the receiving end of the odd letter does tend to focus the mind. Either that or the CAB but I think they are slightly over worked these days.

ACAS won't get involved in something like this unless you've chosen to go to Tribunal, which is when they step in and try to resolve it

Hope this helps, good luck.
Helpful and in HR - you need to get out before THEY turn you
Old 16 November 2010, 10:22 PM
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Scooby Jo
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showing my age now, but wish someone had said that in 1989!
Old 17 November 2010, 08:16 AM
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jasey
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Originally Posted by Scooby Jo
showing my age now, but wish someone had said that in 1989!
And still helpful

You must go to HR gatherings and stick your fingers in your ears and hum in order to not be turned .

You're maybe still too young to remember but why did Personnel become Human Resources - It's always baffled me. Personnel sounded like it was people you cared about - Human Resources makes it sound like just another business asset.
Old 19 November 2010, 07:57 PM
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No idea really - I remember it happening in the 90's, one minute its Personnel, next minute it was HR. I think I was too busy enjoying myself to take much notice
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