Company is not paying me variable part of ctc salary because i resigned before payment date
Guest
(Querist) 22 May 2017
This query is : Resolved
is it legal for company not pay variable part of CTC salary if employee resign before payout date. even they have not mentioned any payout date in their document nor they given the variable payout document details at time of joining. no hard copy of variable payment is given.
Kumar Doab
(Expert) 22 May 2017
You have posted that:
"even they have not mentioned any payout date in their document nor they given the variable payout document details at time of joining. no hard copy of variable payment is given.'
Apply your skills of reasoning, negotiations, persuasion,persistence to convince the authority and good offices of appointing authority.
Guest
(Querist) 22 May 2017
they are saying they can not help me in this case, they are telling me go legal.
Kumar Doab
(Expert) 22 May 2017
Have you transacted in writing and have they replied in writing?
Kumar Doab
(Expert) 22 May 2017
Show all related docs to a very able senior counsel of unshakable repute and integrity at your location specializing in Labor/Service matters for a considered opinion.
Guest
(Querist) 22 May 2017
i talked over the call, then they said they have good legal base, so you can go for legal.
Guest
(Querist) 22 May 2017
i dropped mail to them many times but they do not reply anything on mail.
Kumar Doab
(Expert) 22 May 2017
Who is this they: Line Manager,HR personnel, Legal cell personnel, MD,CEO, owner?
Guest
(Querist) 22 May 2017
Head Hr and other Hrs
Guest
(Querist) 22 May 2017
they only written this line in offer letter on variable salary with * sign.
* Payable as per the Annual Performance Bonus Scheme and Annual Performance Bonus Policy of the Company.
But they have not given any written document of this policy
Kumar Doab
(Expert) 22 May 2017
Did you have employee log in option and access to policies thru Log in?
Was this policy placed on shared portal?
In future be careful to write above signatures (with date) that ..............policy mentioned in appointment letter is not supplied.
Kumar Doab
(Expert) 22 May 2017
Did you ever write that the policy has not ever been supplied to you?
Guest
(Querist) 22 May 2017
i written the mail to them that these policy never given to them then they said, policies are available on portal, its your responsibility to check.
Kumar Doab
(Expert) 22 May 2017
Perspectives:
You were employed during the period for performance bonus and performed. The presence on rolls as on deferred date of payment does not matter.
Kumar Doab
(Expert) 22 May 2017
Perspectives:
The published policy mentioned in appointment letter is not supplied before signing,.... along with appointment letter.
Kumar Doab
(Expert) 22 May 2017
"i written the mail to them that these policy never given to them then they said, policies are available on portal, its your responsibility to check."
Did they say it in writing?
Kumar Doab
(Expert) 22 May 2017
It is asked as earlier you posted that:
"i dropped mail to them many times but they do not reply anything on mail.'
Kumar Doab
(Expert) 22 May 2017
"they only written this line in offer letter on variable salary with * sign.
* Payable as per the Annual Performance Bonus Scheme and Annual Performance Bonus Policy of the Company.
"
Is it stated in appointment letter that:
--The policy is attached?
--The policy has been shown?
--The policy is on portal?
Guest
(Querist) 22 May 2017
policy is not attached, not shown to me and not told by any HR. they are just keep saying this policy is in portal, u shud check.
Kumar Doab
(Expert) 22 May 2017
Is it stated in any circular/email/letter that:
--The policy is on portal?
Kumar Doab
(Expert) 22 May 2017
Post specific reply to following:
"i written the mail to them that these policy never given to them then they said, policies are available on portal, its your responsibility to check."
Did they say it in writing in reply to your email?
Kumar Doab
(Expert) 22 May 2017
Post specific reply to following:
Is it stated in appointment letter that:
--The policy is attached?
--The policy has been shown?
--The policy is on portal?
Kumar Doab
(Expert) 22 May 2017
Escalate to good offices of appointing Authority,MD,CEO, under proper acknowledgment.
The HR personnel are unwilling to provide any relief to you.
Kumar Doab
(Expert) 22 May 2017
Post specific reply to following also:
Are you a member of any employee's/trade unions?
Guest
(Querist) 22 May 2017
they not given anything on written
Guest
(Querist) 22 May 2017
i worked with airtel gurgaon, from 16 jul 15 to 24 March 17.
Kumar Doab
(Expert) 22 May 2017
Post specific reply to following:
Is it stated in appointment letter that:
--The policy is on portal?
Is it stated in any circular/email/letter that:
--The policy is on portal?
Guest
(Querist) 22 May 2017
i am not remember that they sent me any mail regarding policy or not.
Kumar Doab
(Expert) 22 May 2017
Last reply:
You have not posted specific reply to following:
Is it stated in appointment letter that:
--The policy is on portal?
Guest
(Querist) 22 May 2017
only this line written on offer letter with Total Variable Pay (B)* sign.
* Payable as per the Annual Performance Bonus Scheme and Annual Performance Bonus Policy of the Company.
this is not stated that, no where written about the portal.
Rajendra K Goyal
(Expert) 23 May 2017
Well attended by the expert Kumar Doab, proceed accordingly.
Guest
(Querist) 23 May 2017
can you tell me what i can do in this case?
