Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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vishal Mishra (Manager)     07 June 2016

Employee not paying annual incentives

Hi , 

My Name is Vishal Mishra & I was working with one of the reputed public limited company from 5th March 2015 to 4th May 2016 during the time of joining over & above my CTC I was promised that I will receive Annual Incentive which will be minimum INR 50000 post completion of 1 year & depending on performance amount can be increased, I have been consistetly performing better than most of my collegues & that is documented as Monthly Ranking was flasshed by the MIS department.

After completing 13 months on 5th April 2016 I have resigned from my Position of Operations Manager as I have got better oportunity from other organisation.

I have served the notice period as per the company policy & my last working day was 4th May 2016.

As per the process my Annual Incentive/ Bonus was suppose to be credited in my account with my April month Salary processed on 30th April 2016.

But Unfortunately I have not received the bonus amount wherin all my collegues have received their Annual incentives with the salary.

When I have asked the reason of not paying my annual bonus to my immediate Boss he said as I have resigned I will not be getting paid the annual incentive for which I have already performed.

I was shocked but no one in the organisation shown any interest towards my issue.

I have written many emails to the higher management & Head HR of the organisation but have not received any satisfactory respose from last 1 month.

Please sugget me what can I do to recover my amount as I have really worked hard throuout the year

Thanks & Regards,

Vishal Mishra

8828354585



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 7 Replies

Kumar Doab (FIN)     07 June 2016

The incentive was promised verbally or in writing?

Do you have incentive circulra and its T&C, or any communication on record that accepts the existence of such policy and its T&C?

Is it stated in the policy that incentive policy period is from say 1st April -31st March, and it shall be disbursed along with April salary?

Is it stated that if an employee resigns before disbursment day/date, he/she shall not be paid OR paid on pro rated basis?

You may narrate whatsoever representations you have made to good offices of appointing authority, MD and exhaust this option. Request them to disburse incentive  for 1st April -31st March (Full) and for 1st April- LWD on pro rated basis.

 

Have you recived the acknowledgment and acceptance of notice and final resignation, FnF statement, FnF dues, NOC/NDC, acknowledgment  of handover of charge/assets, service certificate, relieving letter (with good comments) , Form16 as per correct FnF statement, salary slips of all months, Pf number with a/c slips, etc?

 

vishal Mishra (Manager)     07 June 2016

Dear Sir,

I do not have any written communication with regards to the annual incentive in my offer letter , it was informed me verbally by HR at the time of joining & all my collegues have received the amount except myself.

I have been given a relieving letter & all my dues have also been paid except this bonus amount.

Regards,

Vishal Mishra

 

Kumar Doab (FIN)     07 June 2016

Is there any communication on record that accepts the existence of such policy and its T&C?

You have mentioned that you have minuted the non payment of incentives and probably payment to other employees!!!

Did you record the meetings in which existence is accepted but payment is denied?

Approach an able counsel specializing in labor law if you are unable to resolve with your skills.

 

 

 

vishal Mishra (Manager)     07 June 2016

Dear Sir,

There is no communication on record that accepts the existence of such policy and its T&C? with me, but this is internal company policy & all the employees have been informed verbally about the same.

All other employees with the designtion which I was holding have received the amount expect me.

I just wanted to know that can I take any legal action or is there any law where I can get a Justice or should I leave this amount & move ahead

Regards,

Vishal Mishra

Kumar Doab (FIN)     07 June 2016

You have mentioned that you have minuted the non payment of incentives ( in your emails) and probably payment to other employees!!!

Did you record the meetings/calls in which existence is accepted but payment is denied?

Approach an able counsel specializing in labor law if you are unable to resolve with your skills.

vishal Mishra (Manager)     08 June 2016

Dear Sir,

Thank you for your valuable suggestion can you refer any lawyer /counseller who can help me in this case , I stay in Navi Mumbai

Kumar Doab (FIN)     08 June 2016

If possible we may. You shall have to settle the T&C, fee etc with your lawyer/counsel on your own.

You may send your contact details by PM, if you want to maintain confidentiality.


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