Employer not paying my performance pay

Download the performance appraisal rules, matrix, forms; signed copies submitted by you and Manager, your KRA’s, performance data....................Performance Pay rules ...............etc etc 

The owner is rejecting verbally or in writing?

Performance pay is also fruit of Labor and promised amount.

If employee is eligible it should be paid and not rejected on flimsy grounds, gossip, rumor, hearsay.

What is probation period narrated in appointment letter and extent language in appointment letter on Confirmation?

Hi,

Thanks for your reply.

Our HR department has verbally conveyed this to me that due to my bad performance Management has decided not to pay performance pay to me. I have already written to them twice, which they did not replied in writing.

There is no defined performance pay policy in our organisation, our owner decides everything. 

As per appointment letter probation period is six months from the date of joining.  Further it was mentioned that "If no confirmation is made at the end of the said probationary period, it will be deemed to have been extended until the company confirms you in writing". 

Kindly advice, if I take legal action against my employer and claim compensation and pending performance pay amount.

Sanjib Das

Kolkata

The amounts mentiond int CTC are promised pay outs.

Perfromance pay/incentive/bonus  is also fruit of labor.

Check if anything/rule/policy/matric/criteria etc  is mentioned under Perfromance pay/incentive/bonus in CTC.

If HR person is designated employe to pay or deny thn he/she is under obliogation to share the rule/policy/matric/criteria etc and deny on qulaified and valid parameters.

Gossip,rumor,hearsay are not rule/policy/matric/criteria etc................

Employer and its attorney's should not act like street magicians and produce things from thin air.

It is clear that HR person does not want to state anything in writing, may be on his own or as per directions of his/her masters in heirrarchy.

.

The amounts mentioned in CTC are promised pay outs.

Performance pay/incentive/bonus is also fruit of labor.

Check if anything/rule/policy/matrix/criteria etc  is mentioned under Performance pay/incentive/bonus in CTC.

If HR person is designated employer to pay or deny then he/she is under obligation to share the rule/policy/matrix/criteria etc and deny on qualified and valid parameters.

Gossip, rumor, hearsay are not rule/policy/matrix/criteria etc................

Employer and its attorney's should not act like street magicians and produce things from thin air.

Employee should also act smart and get all documents and publications on rules/policies/data.

It is clear that HR person does not want to state anything in writing may be on his own or as per directions of his/her masters in hierarchy.

The fact is that you have not been supplied with anything, be it rule/policy/matrix/criteria etc or valid reason.

On the top of that your performance has been communicated (Verbally) to you by HR person; as ‘Bad’.

Probably you have not been confirmed in service by a written order of confirmation even after 3 years and NO stinkers/memo were ever issued.

 Has employer issued any written communication appreciating your conduct/performance?

This may also imply in a sense that there was nothing bad in your performance since you have been let in employment for 3 years ( 2.5 years after 1st probation period of 6 months).

Probably you have not been supplied with any written communication on extension of Probation Period.

Probably you have also not made communication in writing asking for confirmation of service.

The employer can claim whatever it wants to claim.

The point is do you have any published data to establish that your performance was not Bad and was good?

If the conduct of employer, its HR policies and practices are not good and if it is violator of rights of employees and its own promises then don’t waste your time and youth and be with some good employer and at better position and remuneration.

If you want to agitate build irrefutable written record while in employment and download all relevant data, record and agitate after you have been relived with good comments in reliving documents.

It is NOT clear what your actual duties on record are and would you be covered by the def. of:

 ‘Workman’ as in ID Act,’

Employee’ as in West Bengal Shops & Estbs Act

It is NOT clear what your monthly wages are and would you be covered by the def. of ‘Wages’ as in Payment of Wages Act.

If you are not covered then you may have to approach civil courts and onus to prove your claim may fall on you.

Also limitation of 3 years may stare at you.