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Lavisha Mamtanii   10 March 2023

Not paid for the incentive

Respected experts,

I worked with Artech , New Jersey,USA based company. It is US staffing firm, having its offices in Bangalore,Noida,and Bhopal. I was working from home.
I worked there for around 1 year 8 months (6thJuly2021-3rd Feb 2023).
I was placed as HR for US employees. Company had monthly contest called as Referral contest wherein all the US HRs had to get maximum referrals from the US employees and whoever gets the maximum wins the contest.I was everytime in the top charts. 1st winner gets the $100 gift card, 2nd winner gets $80 gift card, 3rd winner gets $60 gift card and whoever gets 10 referrals submissions or more gets $50 gift card.

Company has a very slow process of paying out the bonus. Like for the period of Aug, Sept , Oct , Nov (2021) they paid us on March 2022.

I willingly resigned on good terms as I found good opportunity elsewhere.

On my last working day , my HR said full and final settlement will me made after 45 days, which is fine. At the same time , I called my manager to make sure that she updates my HR about the referral bonuses which is also due as I earned while at Artech for the period Feb 2022 , March 2022, Sept 2022, Oct 2022, Nov 2022.

I am bit worried whether I will be given the bonus of 21000 rs. The 45 days are still not over but I want to be prepared if in case they refrain from paying me the bonus amount.

I have the appreciation emails with me from my manager which says that I myself have won the $100/80/60/50 gift cards.

I am worried because few of the ex- Artech employees said they do not pay the incentive amount to terminated employees.

I believe they are liable to pay the due amount as it is the hard earned money and every individual puts the best possible efforts to get the maximum referrals which in turn generates business for the company.

please advise what should I revert them on 45th day(full and final settlement day) if they deny from paying the referral bonus due to xyz reasons.

Please advise what other steps can be taken if they still do not agree with my revert.

P.S- I still have very good terms all the Artechites be it VP, manager or other teams. I did not leave violating any policy nor any disagreements.

Thanks in advance.


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     10 March 2023

You must visit the employment terms and conditions in this regard.

If there are any terms confiriming what you say that you are eligible or if  the company had entered into any agreement/contract with you in  this regard and the company fails to deliver the resultant benefits, you may initiate legal action as per provisions of law, but for that you must ensure that under which governmental laws  that the company had entered into this agreement with you and what are the terms in this regard, if you propose to initaite legal action for default in payment of your dues. 

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