Annual incentives not paid by company after resignation, saying my performance is not good


Hello,

I worked for an Engineering Service Industry for about 3.5 years. When I resigned, I paid all the money as mentioned in my bond & got my experience/service letter & my fnf was done without annual incentives. At that time HR told me that you will get incentives once it is declared for all employees by management. When incentives for all employees was released they told me that my performance rating for that financial year did not make me eligible for annual incentives. Annual incentives are for financial year from Apr16 to Mar17.

I would like to share few points because of which I think that I should get annual incentives,

1). I got promotion on 4th Aug’16  with a good increment in my salary.

2). I was sent to USA for onsite opportunity (from 12th Nov’16 to 30th May’17) where client was very happy & satisfied with my work.

3). When I resigned, my manager tried his best to match my salary expectations (new offer) but unfortunately management refused to do so & I was released with proper handover & fnf.

Now, my question is why will company do so many things for a non-performing candidate..?? When was my performance poor..?? I also asked my company to share USA client’s feedback but they did not do that.

Also, as per standard rules, company should inform me or warn me during performance review or appraisal discussions regarding my poor performance, which never happened. Infact my appraisal discussions was always good. Now HR is simply saying NO for which they even don't have any justification. I have asked them that I need my performance related feedback in wirting but not yet received any reply from them. I am sure they will not give it in writing that my performance was bad.

Company has mentioned the annual incentive amount in my increment letter as well but has mentioned this point that it will be based on my performance. I guess, company is not paying this amount from their pocket, infact It is a part of my annual package which company is keeping with them. When I got promoted (on 4th Aug’16), my revised total package was Rs.9,51,437/- in which company kept Rs.1,20,601/- as annual incentives & now they are refusing to pay this amount. Are they doing right..??

F.Y.I, I have attached the annual incentives condition mentioned in my increment letter.

Can anybody suggest me what I should do..??

I would appreciate your valuable feedback in this regards.

Let me know if you need any more information.

Thanks in advance.



Attached File : 393944 20170912022324 incentive condition.jpg downloaded 6 times
 
Reply   
 

Send your Employer a Legal Notice from a Good Lawyer, and if inspite of the Notice your Employer refuse to pay the Incentive, don't hesitate to drag your Employer to the Court.

After that you will got your Incentive, Interest thereon and the Legal Cost as well, as compensation for all the hassels.

Adv. Vijay Anand Rahi

# 9818004119

 
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Advocate

Yes, you can send legal notice and follow it up with civil action, if so advised.

 
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FIN

You have not posted your DOJ, LWD.

As per attachment the condition of 3 years may not be applicable in your case.

So, some employee of establishment is resorting to verbal declinature.

 
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FIN

Have you communicated in writing?

If yes with whom: say designated HR personnel, Line Manager?

Who are the stakeholders in deciding incentive/performance?

Did you escalate as per policy/rules say to MD/CEO and exhaust internal remedies?

 

Apparently the declinature is verbal and by verbally casting doubts on performance.

 

You may write to foreign client and IT may reply and provide you with report on your performance. Apply your rapport, goodwill, contact to fetch a reply. There are many threads in which employees have mentioned that client has sent the report.

 

 
Reply   
 

I thank everybody for their valuable reply & really appreciate it.

Mr.Kumar Doab - " The first line of my message says that I worked for 3.5 years, hence as per company policy I am eligible for annual incentives. Also, company never siad that this is a reason for not getting my annual incentive. Secondly, yes I have communicated everything in emails to HR team with CC to my reporting manger but regarding my performance feedback company has not given anything in writing. They just wrote that my performance rating for financial year did not make me eligible for annual incentives. Regarding escalating this matter to MD/CEO, that is not possible, I cant even reach or contact them. It is a very big well known/reputed organisation in all over India which is spread in many sectors. This decision is taken by HR manager (engineering division) ".

My concern is just to ensure that I am not wrong anywhere & what company is doing with me in wrong. Also, I wanted to check is it legal to keep Rs.1,20,601/- as annual incentives (performance based) from total annual package of Rs.9,51,437/-..?? This money is mentioned in my increment letter & company is not paying me anything extra. Whether this company policy is right..??

I am in USA right now, working for an American company, can I file a case in India from here..?? Will I create anykind of problem for myself or will I need to go to India in any case for this matter..??

Thanks

 
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FIN

I have already noted and have already posted that you have worked for 30.5 years; hence the said condition in extract in attachment is not applicable in your case.

 

 
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FIN

Do you have the printed version of said ‘Annual Incentive Scheme’ of the company and appraisal policy and matrix and copy of your performance appraisal?

Also download all communications to HR with CC to Line Manager if these are from official email id that might be blocked anytime.

 

Download all of these and attach and apply your own skills;   reasoning, persuasion, persistence, negotiations while in employment, and write to all stakeholders in said schemes, under proper acknowledgment.

Apply your own resources and get contact details of MD, CEO.

 

This is unsaid, unpublished policy for employees that such incentives are not paid to employees that have resigned on one or the other pretext.

As; Majority of the employees give up their rights after some time.

 
Reply   
 
FIN

At LCI also many of the fake Experts post daily for employees; forget and give up balance salary, payouts and allure them to private telephonic/email consolations for a FEE. One such entity is IT=@PSD and many of IT’s multiple fake ID’s, many of which are blackened/blacklisted/shunted out.

 

While the very purpose of forums like LCI is to, discuss various perspectives and legal options that employee can approach.

 

Perspectives1: As suggested by Mr. Vijay Rahi, Mr. P.venu you can proceed with legal notice.


Total likes : 1 times

 
Reply   
 
FIN

 

Perspectives2: Build irrefutable written record and download all relevant details and documents while in employment and to remain amiable and gentle and get relieved with proper relieving docs e.g; offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC, service certificate/relieving letter (with good comments on conduct and performance).

  

In case of disputes: Employee should try level best to firm up with next employer preferably in writing that they may accept and absorb him/her on the strength of copy of notice of resignation/final resignation and at the most it’s POD alone and must not resort to any action like termination if the current employer does not issue acceptance of resignation, relieving letter………

Employee can submit acceptance of resignation, relieving letter………only if it is supplied by employer.

 

Employee may explain the situation and assert that current employer may issue adverse comments in BGV and future employer should stand by employee…

It is possible.

 
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