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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61720
Experience:  Qualified Solicitor
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I get paid a basic wage weekly but also get paid a monthly

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Hi
JA: Hello. How can I help?
Customer: hi
JA: Hi. How can I help?
Customer: Hi, I get paid a basic wage weekly but also get paid a monthly commossion as I am in sales, my company are holding my commission for 35 days after the customer as received their goods. once the customer have received thier goods they cant change their mind and send it back unless it is faulty, can my company hold my commission on this basis
JA: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: HR say thats how it is the manager does not understand the system and no I have not spoken to a lawyer
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee with no union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked for this employer?

Customer: replied 7 days ago.
5 years
Customer: replied 7 days ago.
I will use text thanks

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 7 days ago.
ok

Many thanks for your patience. Legally, there is nothing stopping the employer from doing this. There are many different commission-based jobs and the time periods for which commission is held back can vary from nothing at all, to many months down the line. The law allows the employer to do this as long as a) you still get at least the minimum wage each time you get paid, considering how many hours you have worked; and b) the commission rules are clearly explained either in your contract ora workplace policy. If this is only a new practice which has changed the usual way commission was paid, you could potentially challenge it as a change to your contract and raise a formal complaint with the employer through the grievance procedure. However, they can eventually introduce it, even if it is by giving you some notice of the proposed changes.

 

Does this answer your query?

Customer: replied 7 days ago.
Thank you

All the best

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