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Sanjeev (SW engineer)     04 January 2012

Variable part while notice period

I have been working as IT professional in my current organisation. Recently, I resigned because of some unavoidable circumstances. I put the resignation and serving three months notice period.

My package includes, variable 10% of whole package and 90% as fixed component. The variable pay out happen in every half yearly.

 

My concern is, the company has a policy that states “In case employee’s last working date with the organization falls before the last date of the appraisal period (30th Sept for H1, 31st March for H2), the Variable Part for that appraisal period in which the employee has been relieved will not be paid.

 

1.     But I am serving 4.5 months in current appraisal period so I am eligible partially, not full, of my variable part.  Since, variable is part of my salary structure so ideally this is my rights to get it.

2.     This policy was never conveyed to me in any way at the time of joining. Not in the Offer letter, Appointment letter, induction program or in HR interview. I came to know about this policy while exiting.

 

Please suggest me how can I get my money back.


Thanks and regards,

-Sanjeev Verma



Learning

 7 Replies

Kumar Doab (FIN)     04 January 2012

While you are still in employment, try and obtain copy of standing orders of the company which may be available at intranet/HR page from employee portal, or concerned HR personnel and check if such a clause/policy is included.

Is this policy communicated to you in writing after submission of notice of resignation?

All wages to be paid to the employee are expressed in appointment letter, letter of increment etc.

Is the variable part an incentive?

You may submit a gentle representation in writing with a copy to you and under acknowledgment to the good offices of the company including your appointing authority, MD, CEO, Head-HR, Company Secretary and take your line management in loop. Usually such get resolved on pro rata basis.

You shall need to apply your rapport, goodwill, and persuasion, negotiation, persistence skills.

1 Like

Sanjeev (SW engineer)     04 January 2012

Thanks for such a prompt and imortatn reply.

As you have asked couple of questions please find my answers in blue.

<<While you are still in employment, try and obtain copy of standing orders of the company which may be available at intranet/HR page from employee portal, or concerned HR personnel and check if such a clause/policy is included.>>

I will try to search copy of standing orders the company.

<<Is this policy communicated to you in writing after submission of notice of resignation?>>

No it was not communicated even after the resignation. I searched my self when I talked about final settlement.

<<Is the variable part an incentive?>>

a. They termed it as Variable Part Incentive(VPI)

a. It is part of my package and comes under Cost To Company(CTC).

b. Amount can vary based on company performance and individual performance.

I will try to follow the way you have shown me. I will send the email to all the stack holders.

Can I take any legal action through labour court?

Thanks and regards

-Sanjeev


Kumar Doab (FIN)     04 January 2012

Incentive is calculated and disbursed as per incentive policy.

Do you have the incentive policy?

A smart employee shall acquire exceptional persuasion, negotiation, persistence, reasoning skills apply his rapport, goodwill, and skills  to resolve the matter while in employment and separate with a good note. Your line management/HR can help you. The good offices can sanction the disbursement. There is enough such precedence in many of the companies. This avoids agitation and protest by employee.

What is your designation? Are you a workman?

Sanjeev (SW engineer)     04 January 2012

I really appriciate your prompt reply.

<<Do you have the incentive policy?>>

Yes I have the VPI policy document and this came to know about this policy from their other wise no one has so far told this policy.

<<What is your designation? Are you a workman?>>

I am tech lead of my team.

Thanks Kumar, I will try to follow the process as you mentioned.

 

-Sanjeev

 

Kumar Doab (FIN)     04 January 2012

Kindly go thru the attachment.

Any rise which is given after appraisal becomeds permanent.

If your employer states that PLI shall be paid after close of financial year/year end obtain such comments in writing by letter under original seal and signature by hand of the competent employee, and demand to include the amounts in FNF  and company may mention that this amount shall be paid in the month of ………..year…….

Many of the employers indulge in sending an email and later do not entertain any claim.

Moreover if you have performed and fetched revenue and profits you must not settle for less.

Designation alone does not decide if employee is a workman or not.

PLI Vs Salary

Salary is paid for the efforts that one puts in and PLI is paid for the results. Salary is paid in short, definitive cycles (e.g., weekly, monthly, fortnightly etc.) while PLI is paid in a longer cycle of monthly, quarterly or half-yearly,yearly.

PLI Vs Appraisal

Appraisals, normally conducted half-yearly or annually is used to decide on the salary increments and promotions of the employee. This, being permanent increase, takes both performance and potential of the employee.

 

 Variable pay/incentive are also described nicely by Indian Railways “ Performance linked incentives act as sweetener. While employer has taken the performance the employee must also get the incentive”

Compensation directly influences key outcomes like job satisfaction, attraction, retention, performance, skill acquisition, co-operation, and flexibility, etc. While employer’s objective is concerned with primarily productivity, the employee’s emphasis may be on higher compensation to offset their increased cost of living and perhaps the price his skill will fetch in the competitive job market.”

“** As per DPE guidelines of 26.11.08, Performance related pay (PRP) is to be linked to MOU rating, profit of the current year, incremental profit (i.e. increase in profit as compared to previous year), grade & individual performance of the officer. Upto 60% of the PRP will be given within the ceiling of 3% of Profit Before Tax (PBT) of current year, and 40% of PRP will come from 10% of incremental profit. The total PRP will however be limited to 5% of the year’s PBT. The performance payment shown above has been computed on notional basis in the revised Pay assuming that Corporation has achieved ‘Excellent’ rating, the officer’s performance is ‘Outstanding’, and profit of the year and incremental profit are sufficient to give full performance incentive.”


Attached File : 562568921 ctc.zip downloaded: 178 times

V. VASUDEVAN (LEGAL COUNSEL)     04 January 2012

The Variable Component is a not a guaranteed element and if an employee leaves prior to the completion of the period stipulated, the Company has the right to forefeit the same.

vasudevan

Kumar Doab (FIN)     06 January 2012

Remain gentle and amiable and give it a try. You can succeed in convincing the management and getting the payment. Managment do concede to deserving and performing employees. A lot shall depend how you represent.

Kindly go thru the attchment.


Attached File : 776632829 pay.zip downloaded: 168 times

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