Non paymnet of annual bonus by hcl
pritpal singh
(Querist) 10 December 2015
This query is : Resolved
Hi
I was an employee or HCL technolgies( Noida sec126) from Oct 2011 till Sept 30,2015
I resigned on 2nd July ,served a notice peroid of 90 days
Before i resigned my annual appraisal ratings were closed by my manager and i got good ratings ,per those ratings i was eligible for 100% annual Bonus ( which is paid during aug/sept every year), my HR told me that i will get the same in my full and final settlement. Now when i got my F&F ,bonus was missing from it .I raised a complaint with HCL HR and they surprised me that my annual ratings were very por and i am not eligible for Annual bonus
I have screenshots of all my ratings for 2015 ,which says that my perormance was very good but now HCL is harrsing me and has blocked my Bonus ( 123000 INR) , i have written 8 emails to HCL and my last 2 mails have been to HC head but have not got ay answer
I would like to explore ligal options now ,can anyone suggest me something ie what should i do as i feel chaeated and harrased by HCL
regards
Pritpal singh
Pritpal0882@gmail.com
Kumar Doab
(Expert) 10 December 2015
You have posted that:
"I raised a complaint with HCL HR and they surprised me that my annual ratings were very por and i am not eligible for Annual bonus"
Did you raise the complaint after separation?
Did you raise the complaint as a ticket on their web portal or by email/letter under proper acknowledgment?
Is their response in writing?
Has your manager informed you that he was asked to change or he changed your ratings after you left?
Now onwards record everything (audio/visual/minuted/witnessed).
pritpal singh
(Querist) 10 December 2015
Hello Kumar Ji
Yes , raised a complaint to them via email ( almost 10 times) after i got to know that my F&F amount doesn't have Bonus
They never informed me that they have changed the ratings, i have sreenshots of my ratings (after my manager closed them)
I have full proof records of everything
I have raised this matter to HR head and he is not rsponding , i have come to know that HCL has done this to many EMployees but i will not sit idle and will drag them via Law this time
Please suggest me
Kumar Doab
(Expert) 10 December 2015
On the same email trails escalate finally to good offices of MD,Chairman, and narrate every representation and silence from o/o HR -Head, and demand to supply the requisite payment by Bank DD thru Redg. Post say within next 15 days.
Thereafter you can approach lawful authority,court of law, under expert guidance of an able counsel specializing in labor-service matters.
What was your nature of duties and designation?
Rajendra K Goyal
(Expert) 10 December 2015
It seems that the company is not in a mood to reply / take action on your demand.
Please check with your documents once again that you are entitled for the bonus and send legal notice to the company for payment.
pritpal singh
(Querist) 10 December 2015
Thanks Rajendra ji and Kumar Ji
My collegues who fall in same appraisal cycle got the BONUS in september 2015 , i was on otice period from June2 till sept 30 2015 but it doesn't matter because on notice peroid still i am offering my services to my Employer
I was working as network consultant , role was to design and troubleshoot HCL overseas customers
I will escalate these emails further to CEO ,if i dont get any reply then i will opt legal options as this is a clear cut case of cheating and harrassment by HCL
Kumar Doab
(Expert) 10 December 2015
You may certainly quote that others were paid.
The companies usually and in particular HR personnel believe and promote that the employee that is not on rolls on date of payment, serving notice period shall not be paid.
The thinking of HR personnel is that bonus is an investment to be made on employee for future performance and if employee is separating there won't be no ROI.
On the contrary the bonus/incentive etc is for past performance, paid later.
You may even demand for the period after bonus period on prorated basis e.g if period for performance is say April-March..............then you may demand for April-Sep also on prorated basis.
