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Upendra (A)     17 June 2016

Company not ready to pay plvc amount as per my eligibility

Dear Experts,

I had joined a company and worked there from Dec-12 to Nov-15. In my Offer letter(signed by HR Head) there was a part of salary as (Performance Linked Variable Compensation) PLVC and next to it was written that " the same is subject to the individuals annual performance on pr-rata basis"( image from Offer letter attached). During my working I came to know that this  PLVC has some part from companyies profit and some part from my personal tragets which we achieve in financial years. The working year in my company was Jan to Dec, now in Nov-2015 I have left the company so I had worked 11 months as per my company working year. I have completed my targets and have a signed copy of it with me. Depending on my individual performance in my target sheet I am eligible to get PLVC which is almost 1 Lac rupees. Also this PLVC is part of my CTC & salary. 

When I asked my HR about the PLVC they said the Top management has decided to only give 25% of PLVC from your elegibility. I have done many Email conversations with them in which I asked them to send me the decision which they say Top Management have made but they have not provided it. Also I asked for the names in Top management who made this decision they did not replied any of this on mail. Instead HR head mailed me saying if you have any further quries you can call me. And when I called him we was so sarcastic while talking and he said "Yar tu to MD ki tarah baatein kar raha h" I felt so shocked. Also I said to them I will not accept this 25% of amount so they have hold my amount immediately. This shows that they are not having any intension of providing solution to my problem.

During my job I was confirmed employee, was working in Thane, My company was a Manufacturing industry.

 Therefore I need your expert suggestion on this, What should I do? I want company to pay me 100% as I have worked dedicatedly till my last working day. During my joining they said pro-rata basis and now they are not paying me back. Please suggest.

regards,

Upendra Tripathi

 



Learning

 7 Replies

Kumar Doab (FIN)     17 June 2016

You have posted that:

 

----"that " the same is subject to the individuals annual performance on pr-rata basis"( image from Offer letter attached). During my working I came to know that this  PLVC has some part from companyies profit and some part from my personal tragets which we achieve in financial years. The working year in my company was Jan to Dec, now in Nov-2015 I have left the company so I had worked 11 months as per my company working year. I have completed my targets and have a signed copy of it with me. Depending on my individual performance in my target sheet I am eligible to get PLVC which is almost 1 Lac rupees. Also this PLVC is part of my CTC & salary. "

 

No attachment is found.

Did you get PLVC in previous 2 years?

How was company's profit calculated in these? Did company share the published profit component of these 2 years?

Do you have copy of published profit component of 2015?

PLVC as per your post is a committed amount! It is also fruit of labor like wages!

Since it committed non payment is breach of trust by ermployer.

To pay by any other arbitrary method other than (personal tragets+company's profit)/12*11 can be termed as fraud!

Once HR has stated management has decided then he/she has to share the published decision to you. The onus is on him/her. He is party to the matter.

 

----"I have done many Email conversations with them in which I asked them to send me the decision which they say Top Management have made but they have not provided it. Also I asked for the names in Top management who made this decision they did not replied any of this on mail."

 

You seem to have documented it.

 

 

 

---"Instead HR head mailed me saying if you have any further quries you can call me. "

You may minute it.

 

----"they have hold my amount immediately.'

Which amount has been held?

 

PLVC alone or entire FnF? 

 

 

 

Kumar Doab (FIN)     17 June 2016

 While posting such queries employee should post full basic information :

e.g;



Have you been issued with appointment letter? ( Noted; you have been) 



You may post the exact extract from appointment letter on termination/resignation,Notice pay in lieu of notice period,payment of wages etc.

What is your designation and nature of duties in appointment letter and on record/ in practice? Did you have any power (not just recommendation) to sanction leave/increment/appoint/terminate? Can anyone cancel/amend/change/alter your recommendations?



Is any date of payment of wages mentioned in appointment letter?


How was salary paid; cah/cheque/in bank a/c?

Did you sign any voucher? Do you have copy? Did you put date of payment on it?

You were in which state ( Noted; Maharashtra) ?


What is this establishment; Commercial/Industrial ( Noted: Manfacturing company)?



Does it have Certified/Model standing orders and does it apply to your designation? (  If yes confirm it is (Model/certified). 


Are you a member of employees/trade unions?


What was your last drawn salary in Rupees?

You were under probation/confirmed?


Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c?
Has it been supplying salary slips ( at least a day before date of payment of wages)?



Did you get I.Card, Visiting card,salary slips of all months, acknowledgment of notice/final resignation and acceptance, PF a/c number and a/c slips, ESIC card,Form16, service certificate, relieving letter (with good comments), NOC/NDC, handover of charge/assets etc?


You have worked for how many months ?


How many persons are employed in it currently and what was max. no. at any time?
 

Upendra (A)     17 June 2016

Dear Sir,

My apologies as I was not able to upload the image due to some internet issue.

Yes I got the PLVC in last 2 years of working and I also have a Company letter for both years and the amount was as per PLVC calculation made by company. I dont remember the calculation for those two years at present but during those years I calculated it and was ok.

There is nothing such as published with me it is only the calculation as a formula we have. We directly receive the amount in our account.

Yes I agree that they should the names of Top management and Policy of 25% PLVC in writting but they are not doing it. Even after I have asked them vis Emails.

They have hold my 25% PLVC also as I said that the decision made by you is not acceptable to me and I want my eligible PLVC amount.

My FnF was done after few days of my resignation and that was all good.

No I did not have any power of sanctioning  leave/ increment/ appointment/ termination.

There is no such date of payment of wages mentioned in my letter.

The salary was paid in Bank account directly.

NO I did not signed any voucher.

Last drawn salary was 12 Lacs per annum.

I was confirmed employee.

No I was already having my own account so company did not opened it. 

Yes salary slip was given by company.

Yes I got I.Card, Visiting card,salary slips of all months, acknowledgment of notice/final resignation and acceptance, PF a/c number and a/c slips, ESIC card,Form16, service certificate, relieving letter

I have worked for 2 years 11 months

Currently around 130 employees are working in the section I was but if you talk about whole organization then I dont know may be 1K to 2K.

I am not able to understand you following question:-

Does it have Certified/Model standing orders and does it apply to your designation? (  If yes confirm it is (Model/certified). 

I dont know if I am member of employee/trade union
 

Kumar Doab (FIN)     17 June 2016

You have not replied to:

'What is your designation and nature of duties in appointment letter and on record/ in practice?'

Attach the attachment so that we have a look at it.

Satnding orders (Certified/Model)are service conditions and shall prevail upon any private agreement drafted by employer and signed with employee e.g appointment letter, HR policy, service  agreement, contrcat of employment, etc...................You can get it confirmed from good offices of appointing authority,MD or designated HR personnel.


I dont know if I am member of employee/trade union; Who else will know!

 

Try to escalate to good offices of of appointing authority,MD and resolve by applying your own skills; reasoning, persuasion, persisitence, negotiating or lean on your able counsel.

 

 

Upendra (A)     17 June 2016

Dear Sir,

 

I am not able to upload any image on this forum. please share ur Id so that I can mail it to you.


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  • Kumar Doab (FIN)     17 June 2016

    You have not replied to:

    'What is your designation and nature of duties in appointment letter and on record/ in practice?'

    'Does it have Certified/Model standing orders and does it apply to your designation? (  If yes confirm it is (Model/certified). '

    Reply to all points, if you want further response.

    Kumar Doab (FIN)     18 June 2016

    Probably you have your own reasons for not posting.

    Approach a very able counsel specializing in labor-service matters with copies of all docs on record.

     


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