Kauc
Legal Consultant
+1 Other

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I worked for a company for 4 months and the contract says that variable bonus shall be paid quarterly on performance basis, There is no mention of bonus not being paid on termination. The company played a trick of shitting down my department just two days before the second quarter, It emotionally blackmailed that we should not ask for anything if we want a good reference check for next job. My question is if I could ask for my Variable bonus and whether the HR can spoil my reference check. There is no mention of bonus not being paid on termination. Also in lieu of notice period they have paid only basic salary as written in the contract but we want full salary as they have tricked us into leaving and shutdown due to their fault of not being able to manage that they have mentioned in their letter.
Hi

Since it is part of Appointment letter “Notice in lieu of basic salary”, no one can challenge company. On humanity ground if company wishes then company may pay you gross salary also.

You can always tell your next employer about the reason for separation, hence reference check they will verify the reason. (HR should not damage employees reparation by giving false reference check, that’s part of ethics)

Since your quarterly variable bonus is based on performance, first performance need to be conducted in absence of performance appraisal, company is not liable to pay the Performance Bonus. Please check internal policy of the company which is not part of appointment letter, if there are any wordings mentioned that “any employee separated before end of quarter then Performance bonus will not be paid for the said quarter”, then Company will not pay. (It might be their practice)

If you are correct then don’t depend on 4 months reference check, explain truth to your new employer.

BrainLight HR Solutions

Thanks for the info. Our performance was purposely not made. On time and again being reminded they did not make our PACE as they shutting down was preplanned. The contract does not mention that it shall not be paid if we leave before the quarter. Should we ask for our bonus?
Dear Kauc,
You have all the right to ask for your Bonus and if your companies denies then you should send them the notice of not clearing the dues.
In case of PLB, assessment from the management is mandatory and employee should be informed about this; but if no assessment is done, employee is eligible for the PLB.
2) I agree with BrainLight HR Solutions, where in the case of termination,Basic of the CTC is paid.
P.S; I am taking that the termination is not on the grounds of Performance and is of any other reason.
regards,
Ruchi

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