Naveen Sharma (Manager) 10 July 2010

Performance lilnked variable

Dear Experts,

I had served ESSAR INFORMATION TECHNOLOGY LIMITED for 20 months. At the time of my exit (on 28.05. 2010), I was told by concerned HR executive at Hazira, that I will get my all variable component (20 months appx Rs. 1,50,000. 00) along with other employees. To be noted that variable policy as per policy document(as on date 28.05.2010) & my appoitment letter was based on performance & payable annualy. Now they have relesed variable component 100% to all their existing employees, when I enquired regarding my variable as it was of 20 months, All right from HR executive to Group HR head are deying to pay me even a single penny. Now they are saying that company has decided not to pay the variable to employees, those who are not on active pay roll as on variable declaration date. I had even written the mail to MD & Chairman also but no reply form their side.

On behalf of hundreds of suffered ESSAR ex-employees, I request experts to suggest some remedy. How this fraud & cheating can be sued?

Regards

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3 Replies

V. VASUDEVAN (LEGAL COUNSEL) 11 July 2010

Can you please provide the terms of appointment and any policy communication as available, provided at the time of your joining. It is the trend to announce so many variable components verbally on forums. However, Every policy governing or affecting an employee ought to be provided to him. Even if they claim it to be confidential, that part that is affecting the employee must be provided to you. Even if the policy was changed subsequently, it cannot be done to the deteriment of the employees concerned. The basic documents are critical to determine your rights and the remedies available.

vasudevan

Daksh (Student) 12 July 2010

Mr.Naveen Sharma,

This is a fit case to raise an industrial dispute for not considering you for the disbursal of PLI simply becaues you were not on role. What stopped your employer to disburse the same on propotionate basis. It is a HR malpractice who disburse PLI as the loyalty dole not otherwise. In my sincere opinion kindly glance throught the model standing order of your employer in this regard if any and put them to notice immediately with copy of the same to the concerned labour office.

Best Regards

Daksh