VirtualName (Software Engineer) 15 June 2015

Non payment of bonus, variable pay and leave encashment

Hi,

I worked in an IT service company in Bangalore, India on Feb 1st I putted my resignation paper and being on notice period of 3 months. However before putting the paper I have applied for the leave(18 working days) for my merriage purpose that comes in between notice period time. So my notice period has been extended but on consulting with HR to adjust some days with leaves my notice period has extended to only 11 working days instead of 18 days. In the whole aggreement he haven't said anything in regards of deduction or the effect on bonus eligibility.

There is a perfomance bonus part in my CTC, but they are denying to give my yearly bonus for the FY 2014-15 by stating that as per policy employee should be active till May last working day to be eligible for the performance bonus. As my last working was mid May 15 so I'm not eligble for the bonus. Also they have deducted about half payment form the May month's salary by saying that I have took excess leaves.

First they have issued me payslip that contians the bonus part but not credited the bonus to my account. After asking them 2-3 times they replied by saying that was mistake so they sent me another payslip.

Now I'm asking them to send me the FORM 16 many time. They aren't replying back to me.

There are some unethical deduction like...

The performance Bonus period is FY 2014-15 that I have served fully.

Until or unless there are no return from market in the Apr/May that has to be adjusted in performance, the only thing remaining is payment of Performance related payout.

This is illegal that company has taken 2 months time to sit on the due payment without any interest/penalty/damages.

NOTE: There isn't any printed version of performance bonus supplied/circulated to employees in writing at all.
Instead of 2 month notice period(as per my offer letter), why I have to served the notice period of more than 2 months.

Also the deduction of amount under the term excess leaves taken is unjustified and un-explained.

Help me on this...

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4 Replies

Amol Kende (No) 15 June 2015

you can escalate this direcly to the HR head or CEO if they are not replying in proper manner you can go thorugh the Labour court for this issue with proper notices to the HR Head and CEO for explanation immidiately

VirtualName (Software Engineer) 15 June 2015

After escalating this directly to HR.
He didn't replied properly to my asked questions. Instead mentioned: "Request you to be professional in your communication when you send an email."

In response to the Bonus query he stated that it was clearly mentioned in the company policy over the website page( online mode).

Note: no expalination on extra notice period instead of 2 months and the deduction for the extra leaves...
So I'm confused wheather I'm correct or they...?

Kumar Doab (FIN) 15 June 2015

You have also posted the query in another thread at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=107937&offset=1#.VX6zxFJ-hkg

Reply to following points may be posted, pointwise.

The notice period of 3 months may not necessarily be applicable.

What is the notice period if company initiates separation by termination:3 months?

The notice period of 3 month/90 days is beneficial for the company and detrimental to the interest of employee. The employee is at no equal footing with employer and all contracts/appointment letter is drafted by employer that employee has to sign?

Is it stated in appointment letter that all rules and policies of employer (and even from time to time) shall be applicable to employee?

Is there any printed version of performance bonus supplied/circulated to employees and does it have clause of payment in May in writing at all?

If NO then there is no condition of payment in May.

The performance period, as per your post is FY 2014-15 that you have served fully.

Until or unless there are no return from market in Apr/May that has to be adjusted in performance, the only thing remaining is payment of Performance related payout.

Here once again the company has taken 2 months time to sit on the due payment without any interest/penalty/damages.

If you have any leave record with you and compared with leave policy if you have noted errors then contest it. Moreover compare the leave policy with Karnataka Shops and Estabs Act. The leave policy can offer superior benefits but not inferior.

If any waiver of notice period was assured to you, mention it.

How many maximum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties? Did you have any power to sanction (not just recommend):::increment/leave/appointment/termination?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter, incentive circular?

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

For Form 16; You can lodge complaint with ITO-TDS where you file ITR and CIT-TDS where company files ITR.

The FnF wages should be paid on LWD or max. by usual pay day.

You eligibility for leave has to be computed as per extra no. of days worked beyond expiry of notice period.

You had full authority to renegotiate your wages for service beyond notice period...................and that as per meeting.....................the waiver of deduction for any extra leave was committed..........

You can claim OT.

Don’t remain entangled with HR personnel and consult your employee’s unions (there are many in IT sector also now)/Trade Unions leaders e.g. CITU/INTUC/AITUC/BMS etc…………..and able Labor Law Consultant/Service matters lawyer/law firm and let them draft your communications now………………..that you may submit to good offices of appointing authority,MD,Chairman, under proper acknowledgment.