I had been working for an organisation for last 4 years.

10% of my CTC is paid as Performance Incentive. (Paid Quaterly) Q1, Q2, Q3 and Q4

I have a notice period of 90 Days (3 Months) which I have served.

Company has not paid me PI for last 2 Quarters. And citing the reason that as per policy.

Policy says

" An employee shall not be eligible to receive any variable incentive component, if he/she voluntarily or involuntarily separated from the Organization."

Now the HR says that I had very poor performance and as per policy PI cannot be paid if an employee is serving Notice Period.

Resignation Date:- 13 June 2016

Last working Day :- 09 Sep 2016

I believe that as per policy is not documented properly and I deserve my PI for 5 Months. Because after 5 months my employment status changed to "Separated".

I have tried to get answer from HR showcasing my Annual Appraisal which shows a rating of " Very Good". Also I have demanded documents which can show that my performance was poor as there has been no documentation done for that.

In mid of these thing My new Employer has received a negative feedback from old company that my performance was Very poor, I had behavioural issues and always had problems with leaves, which is incorrect.

Please guide me and let me know the actions I can Take.
16th November 2016 From Finland, Helsinki
Hello,

It is unfortunate that you did not receive your PI. However, what I have witnessed here in India, same thing has happened with my couple of friends that they did not receive Performance Incentive or Variable Incentive as per company policy in the process of Separation.

Did your company paid PI for the quarter on due dates ? OR was it paid late in one shot ? Had you already resigned on the day of allotment of PI ? If your company happened to pay PI after your resignation, I am afraid you may not claim that money as per policy. If it would not have been paid deliberately on the grounds of performance, you have a reason to fight. But remember, it is worthwhile to part with your current employer on a good note and not to burn your bridges.

You might feel it discouraging but that is what I have observed. Let us see what Seniors have to say here!

With regard to your second query, please clarify issues to your new employer. On serious discussions, you can ask what specific issues your new employer has been informed by your current HR (it is easy to give general feedback). You can always clarify your side under those specific events and prove yourself right in genuine cases.

In no case, you should bad mouth or blame your HR / Superiors as it will create bad impression on your part. Just clarify it as misunderstanding etc. BUT come forward to admit your mistakes that would have happened under those circumstances. Reassure your new employer what you have learnt out of it.

Hope it helps and all the best!

With best regards,

Vaishalee Parkhi
16th November 2016 From India, Pune
Thanks for your reply. My current employer has already given me. Exemption as there are many cases from my ex employer. Also I want to understand that when does a person considered separated. At least the Q2 payout should have been given as I was on payrolls of organisation for Q3 I understand that I completed only 2 months.
16th November 2016 From Finland, Helsinki
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