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Rohan Karia (Director Research Analyst)     27 March 2015

Fail to accept resignation and no bonus, no buyout

I am a Director of an IT Research firm, want to move out due to better overseas oppourtunity  but my other directors now want me to document every algorithm i have written till date, since past 4 years, which would take another year or so. This would ensure i stay around as long as possible.

I have already tender my resignation, even after a month other board members have not accepted it, since they don't want me to go as it would hurt the business.

My notice period is 9 months, and i have not been paid my bonus past 3 years.

Can i compensate the bonus with the remainder of the notice period, though the agreement stats notice period cannot be bought out. ?

What are my legal option ?

-Rohan



Learning

 5 Replies

Kumar Doab (FIN)     02 April 2015

A Director can go for paid consultation with best in the best counsels.

 

Being a Director  your may be governed by contracts you have signed and your bosses may claim that you can not rescind the contract that you have signed.

 

Are you a Director in a sense as in Company Affairs or it is a decorated designation?

 

How your entitlement  to Bonus is communicated to you/has it  been properly documented in CTC and did you ask for it in writing  and has it been declined/postponed in writing?

Are you under obligation to write every ALGORITHM by any document that you have signed or any rule/policy that is deemed to be applicable to you?

 

Rohan Karia (Director Research Analyst)     02 April 2015

I am officially a director of the company.

The contract has been breach since i have not received my bonus, does the contract is still applicable ?

The contract does NOT mention each and every algorithm as such but do mention abt documenting the work done. Can that be enforceable by law, since it is not specific or measurable? 

 

Thanks for your opinion.

 

Kumar Doab (FIN)     03 April 2015

Bonus: Since you have not replied to the points raised further comments are not being made. Apparently it is not statutory Bonus as per Payment of Bonus Act and is some Retention/Performance bonus etc!

 

Work Reports; Since work done is to be documented the formats drafted for it and supplied to concerned personnel should be filled and supplied. Each organisation has its own formats. If those have been submitted duly completed in all respects and NO Further information has been sought till date..................and if NOW all of  a sudden a need for some information has been felt then the employer has to define/illustrate/explain it with reasons.......................ASAP so that everything can be completed within notice period...........at the most.

However all of this can be as good as fiction since you alone would know what work was to be done/what was done/what has been documented/what has not been documented/what can not be documented at all/what can not be documented within notice period/what is already on records and need not be documented etc...........

If you have not documented the Work Done then it is a misconduct on your part and employer can proceed to impose penalty,punishment.

The employer can also comment on what is specific and measurable!

 

What are other contract/clauses signed by you e.g. Non Disclosure/Non Compete/Trade Secrets/Confidentiality/IPR etc?

 

A thorough examination of all docs on record and your inputs is suggested by able labor Law consultant/Service Matters lawyer/Law firm dealing in Labor Law-service Matters and supported by a lawyer dealing in Company Affairs matters!

Rohan Karia (Director Research Analyst)     03 April 2015

Thanks for the feedback !!

 

The Bonus and Salary is part of the Contract.  

Can you respond to this one:

The contract has been breach since i have not received my bonus, does the contract is still applicable ?

I have no problem with the IPR and Non-Competent clauses since i won't breach it.

The documentation clause is vague without any specific format, its more of an umbrella clause. I did my due deligence with the documentation but he is still not satisfied.

 

Kumar Doab (FIN)     03 April 2015

Yes it can still be applicable.

If you wish to hear NO it is not applicable then it is reiterated that:

 

"A thorough examination of all docs on record and your inputs is suggested by able labor Law consultant/Service Matters lawyer/Law firm dealing in Labor Law-service Matters and supported by a lawyer dealing in Company Affairs matters!"

 

The counsel that has examined carefully can advise you on merits and remedies.

 

After examination your counsel may still opine that "Yes it can still be applicable."

However you may get to find the way out.

Wish you the Best!


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