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Prashant Mane (Legal Officer)     15 June 2015

Incentive not paying by a mnc company

Facts:  Worked for around three years in MNC in service industry. Incentive received for FY 2013-14. Notice given for period of 22 days. Notice acknowledged and aceepted. Relieving letter and Experince letter given after period of 2 months. FNF pending upto 3 months so email sent for delay. Reply by employer with statement of FNF which is not accpetable by me and i replied to employer which is two points :

1. Deduction of notice for days not served were deducted ie. 8 days.

2. Incentive not paid for the FY 2014-15 give as zero.

Details of Incentive Clause:  Incentive clause not mentioned in appointment letter and not it is shown in the salary structure as hedad. It is paid annually by employer and had enculcated on the structure recived for previous year i.e FY 2013-14. Also therer is no policy on incentive by Company as such.

 

My qurery: 

1. Can i claim notice pay deduction as they have not given any details for such deductions in appointment letter. Also notice is accepted unconditionally without any objecton.

2. Can i claim for incentive for period 11 months and 22 days ?

2. Which legal course of action can be taken under which  Labour Acts ?



Learning

 1 Replies

Kumar Doab (FIN)     15 June 2015

Escalate to good offices of appointing authority, MD, CEO, Chairman in writing under proper acknowledgment with a copy to you.

 

The incentives like wages are also fruit of labor. The company can make payment on Pro rated basis.You can supply your own calculations and ask the company to confirm.

 

You should provide full information, pointwise!

Was any letter or atleast a salary slip issued showing payment of incentives?

 

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter, and so called Incentive circular?

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

 

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

How long you have worked with this company?

 

 

 

 


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