Bnonus & incentive denied
Kunal Gupta
(Querist) 28 June 2015
This query is : Resolved
I have worked with XYZ BPO company for 2 years & resigned in Apr'15. I have been denied certain monetary benefits(refer below) due to resignation which I think on moral & ethical grounds are wrong:
1) We are entitled to receive bonus for the last calender year in the month of march i.e. for the FY 2014 it is due & paid in the march month salary I also received the same but due to some computation error it has been paid less to me as discussed with HR. There has been a revision in the Bonus took place in April salary not only in our process but across the organization but the same has been denied to me Since I have resigned in April. Ideally on moral ground it should not be denied since I was not in notice serving period in march which is the bonus payout month & if something went wrong in the computation I am also entitled to get the same.
2) We also entitled to receive certain client bonus on completion of 1 yr of service with the client which I already completed on 19 april(Resigned on 1st april). This client bonus is covered by the agreement with the client & not as per organization policy. There is nothing in the agreement so far as I know that it can be denied if a person tenders the resignation notice. It simply states it is to be paid on completion of 1 year with the client which I already completed but the same also has been denied to me.
Please advice me how to proceed further on this since I don't have much funds to proceed further on this & I am bound by the arbitration agreement with the employer.
Kumar Doab
(Expert) 28 June 2015
You are facing due to private interpretation of internal policies that are unwritten to you.
If you have served the period declared for incentive, bonus (Calender year or financial year whatever it is) you should be paid.
If the policies circulated to you make you eligible then you should be paid without any breach.
Notice period is counted in service and doers not dis entitle employee for any benefit.
Arbitration agreement in employment contracts may not hold much ground as it puts employee on inequitable ground and disadvantageous positions. Employment contracts should promote equitable discretion's.
BPO employees have also formed employee's unions and affiliated with trade Unions and can help support and help you.Employee's/Unions can negotiate service conditions with employers and can also approach GRC/Works Committee.
BPO's are covered by State Shops and Estbs Act...................and you may be very well covered by the def. of 'Employee' as in the Act and as per def. of 'Workman' as in ID Act too.
You may show all docs on record to an able Labor Law Consultant/Service matters Lawyer/Law firm and give inputs in person and proceed under expert advise of your counsels.
Rajendra K Goyal
(Expert) 29 June 2015
Write / send notice to the employer regarding your claim. There is no scope of morality etc. in commercial organisation. If no response, consult local service law consultant.
Kunal Gupta
(Querist) 29 June 2015
Could u please help me out with any consultant & how much it will cost me
