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God is there for good people (Promoter)     08 March 2018

Employer not paying variable compensation

I worked for almost an year in a Company in Gurgaon. In spite of my best performance, they are finding reasons not to pay my variable compensation. They have not even taken any appraisal on my performance and have invariably refused to pay the variable compensation part stating that my performance was dismal. Kindly advise for legal course of action. Thanks.



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 4 Replies

Kumar Doab (FIN)     08 March 2018

IT shall be pertinent to attach OR show  the appointment letter/contract of employment whatever is signed…showing mention and details of said Variable Compensation, performance criteria for said Variable Compensation, appraisal policy for said Variable Compensation, KRA’s

CTC showing mention and details of said Variable Compensation

And said Variable Compensation Policy and mention of IT’s relation with said appraisal policy

 

And said performance record

Performance parameters

Performance data and record

Details per which you wish to claim that your performance is best

Details per which employer or IT’s attorneys in Line management/HR etc that are stakeholder and authority to decide wish to claim that your performance is dismal

Details of authorities per escalation matrix for such matters  

Any other details that is relevant and all written record that is exchanged

 

Before you attach delete and erase all logo/insignia, addresses, phone numbers, names, email id’s, pin codes, etc etc to maintain the confidentiality…

Kumar Doab (FIN)     08 March 2018

 

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may reply to relevant points..

Kumar Doab (FIN)     08 March 2018

 

Generically speaking; the performance data cannot be made to be as per gossip, rumor, hearsay…..If there is a criteria then detail with authenticated copies in printed version  of IT should be given in hands of employee on DOJ and later changes if any for notice and consent………

CTC is document of promised amounts

Incentives are also fruit of labor…

Thus you should build irrefutable evidence of all documents and that your performance is best or atleast benchmark to claim said Variable Compensation….

 

You must have picked up finer nuances on handling employer, bosses  and matters in employment from your previous threads….

If despite merits being on your side employer/establishment declines to pay on flimsy/invalid grounds then you need to approach authorities in forums you are entitled to approach, courts of law….

Approach a very able Senior LOCAL counsel of unshakable repute and integrity specializing in Labor/Service matters and having a successful track record …and worth his/her salt…with all details and docs…

Next time avoid employment with establishments that allure by variable components and conceal printed versions and act arbitrarily and rather focus on cash in hand components…  

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