Labour Law & Hr Consultant
Korgaonkar K A
Srinath Sai Ram
6th October 2017 From India, Salem
7th October 2017 From India, New Delhi
18th October 2017 From India, Salem
I am not happy with the way you have communicated with your HR.You should have communicated in writing & shared the reply from your HR in this forum.If you are really interested in getting your Bonus firstly, you should submit your claim in writing to your Employer By Regd Post Ack Due.In case there is no reply from your Employer within reasonable time, submit your Application to The Labour Officer concerned under whose Jurisdiction your previous Company comes.Please initiate action & then revert.Actions speak louder than post
18th October 2017 From India, New Delhi
Umakanthan Sir has given right advise to you.
I also support the advise given by SRINATH SAI RAM. He has rightly said that mere signing of "No Dues Certificate" will not bar an Employee from receiving (I will say claiming) Bonus to which Employee is entitled.
I would like the quote / share a case law (W.A.No.1478 of 2006) for the benefit of you and the readers. In P. Selvaraj v. The Management of Shardlow India , the Madras High Court was of the opinion that where a full and final settlement was a predicament whereby it was mandatory for an employee to sign it to get any amount, even if it was less than the sum he was entitled to, in those cases the full and final settlement will not stand, and the employee can claim the sum he was entitled to. It also asserted that an employee cannot be estopped from claiming the gratuity amount by virtue of section 14 of Payment of Gratuity Act, 1972, since it has an overriding effect over any other enactment or any instrument or contract.
26th October 2017 From India, Mumbai