Perfromance incentive not paid
John
(Querist) 06 January 2012
This query is : Resolved
Respected people,
I resigned from my current organization which I was employed for past 2 years.
My pay structure given in the offer letter is as below.
Remuneration package value
Annual gross salary ( INR): xxx(split as below)
Annual fixed income( INR): xxx
Annual performance incentive – base case(INR): xxx
The performance incentive will be paid out to the employee annually as per the company performance incentive plan . the actual payout amount will depend on the employee’s performance as well as the performance of the Unit during the year . the term “Base Case” implies employee’s individual performance meeting expectations.
Next salary review : April 01, 2012
Last year I got an annual incentive amount which is equivalent to 130% of the ‘base case’ given in offer, since my performance was above average(occasionally exceeding expectation).
This year, my performance review is done and I got the same above average rating and I do have the proof of this report with me.
Now, the company is not ready to pay my annual performance incentive component(not even the base case) giving the reason, I am not staying with the company till March 31.
But in my offer letter, this clause of annual incentive paid only if I serve till March 31st, is not mentioned anywhere.
But it was published in the company policy web site, which I could view only after joining the company.
My relieving is end of this February.
But when I joined this firm, I joined on December and that year I was given the performance incentive in a pro rata basis.
So do I have the right to claim this amount?
Raj Kumar Makkad
(Expert) 06 January 2012
As the policy of the company was part of your appointment letter so company is not right in its approach. You are very well entitled to claim your incentive as this is part of your package.
Raj Kumar Makkad
(Expert) 06 January 2012
As the policy of the company was part of your appointment letter so company is not right in its approach. You are very well entitled to claim your incentive as this is part of your package.
prabhakar singh
(Expert) 06 January 2012
Do you have It"But it was published in the company policy web site, which I could view only after joining the company." as evidence.??????
John
(Querist) 07 January 2012
Respected People,
I thank you for your valuable feedback on my query.
@Tom Sir,
I checked in the forum discussions to find out a similar case and i could not find one. That is why i posted this query. Sorry if it happened to be a repeated one.
@ Raj Kumar sir,
If the company is not paying me the money, even after repeated negotiations, should i proceed legally?
@Prahakar Sir,
This policy is not present in my offer letter. can we consider that as an evidence? The letter or agreement I signed does not contain this clause, which is published in company's internal site.
Deepak Nair
(Expert) 07 January 2012
Dear John,
The entire company policy shall not be penned down on the offer/appointment letter. Therefore, absense of such policy in the offer/appointment letter cannot be taken as an evidence in your case.
Devajyoti Barman
(Expert) 08 January 2012
Agreed with the views made above.
Do follow their advices.
M/s. Y-not legal services
(Expert) 06 January 2012
