Variale pay is not payed from 2 years.

All, I am a software professional working for a company for 4 Years 4 months. We have Variable Pay component of 10% which they have to pay every 6 months(When we joined they promised to 100%), for the first 2 years they payed well. But from last 2 years (4 Variable Pays) they didnt pay anyone in the company. Company CEO have mailed last November that they will pay soon (And whom ever there in the companay at that time). But the company failed to Pay the amount. Then on May 26th 2018, He mailed again that he will pay all the money promised by September (He mentioned "Current Employees", I am current employee at that time). I have Resigned to Job on 6th June as i got some other offer. 2 days back Reviews happen for Variable (For last six month period) but my name is not included in it, And they are mentioning as i resigned i cannot get (There are couple of employees who is facing the same situation). I am ok if last 6 months is skipped But, for before reviews company didnt review that is company problem, Why i have to loose my money. Can any one suggest how can i proceed if they didnt pay me after giving my relieving letter. Many old employees also faced the same issue, but they left as they dont want to waste time. I can leave this but i feel it is cheating. Please suggest.

Hi! Thanks for the question!

The variable pay is definitely a part of your CTC and should be payed to you, however, it is dependent upon the performance of the employee and the company has the final say in such matters. 

As you have mentioned that the employer has sent email to you and many others agreeing to pay the same, the case is in your favour and you can issue notice to them demanding your rightful variable bonus/pay. If the company does not pay, you can file a civil suit in the court with competent jurisdiction.

You will have to tug on the issue of you resigning and that will need a good lawyer in the civil courts. 

Good Luck!

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Thank you Raghav, for your reply. We have one more issue at the same time, I forgot to mention about it. It is about PF, Our company is paying the PF for One year. That is for complete last year they are paying in year end for which we are loosing the Intrest. And As i resigned in June and my notice period will be till Septemeber, So from April they have to pay and they are deducting from Salary and it is in the pay slip. And they are depositing the PF in next year, the same happened to other employees. How can we proceed on the this situation. 


One of the reason for the resignation is this financial things which is creating a fear that if some day they close the company it will e loss to me so what can be done. Can we get the intrest from them as well?




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