Umakanthan53
Labour Law & Hr Consultant
Pintu1310
Business Analyst

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Hello,
I had been working for an firm for a year. I uploaded my resignation to their HR management system on 3 of june, while on 17th june a payslip for performance bonus was uploaded to my payroll account. I got my last month salary credited to my account but this bonus was never credited to me.
I was told performance bonus is variable amount and would not be paid to employee who left. I am not sure there is no mention of such in my appointment letter. Also if it was never meant to be paid why would they upload the payslip on my name addressing performance bonus and not pay me letter.
Please can anyone help me on this case.
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Once you put up papers better leave amicably & make your exit smooth for better career growth & leave behind petty issues.
Mr. Prashant,
I wanted to know whether if the payslip is uploaded to my payroll account, shouldn't they be eligible to pay it.? Those money are my hard earned money after working 12 hours almost everyday. It is my complete month salary we are talking about.
As an HR why would you make a payslip and then not pay the employee?
With holding of the declared performance bonus of an employee under the pretext of his subsequent resignation is certainly not only improper but also an act of illegality on the part of the employer. Performance bonus, per se, is an amount payable in addition to the usual salary for the quantifiable work already done by the employee over and above his normal work. Denying the extra wages assured for the extra work done by the employee is a mean act of exploitation. The reasons told by the Management are mere lame excuses to hide their exploitative tendency towards an outgoing employee. Even if there is such a condition in the scheme of performance bonus, it can not withstand legal scrutiny. The poster should boldly write back to the ex-employer all these legal and logical points and demand the immediate payment of the performance bonus due and inform that the failure to do so would entail appropriate legal action.
I agree with Mr.Umakanthan, any thing mentioned in the pay slip or legally eligible to be paid to the employee even though he has resigned.
You write a gentle reminder to them on the same and get the clearance
once i wrote to them they have taken down payslip from my payroll management account and are saying that it was mistake. I am not eligible for performance bonus. What should i do?
can someone else me to approach this legally since they have stopped replying at all.
Dear Pintu,
That's because you are only interested in getting reply to your queries rather than providing the necessary particulars like many people usually do. You ought to have given your designation indicating your status of employment such as whether a workman, supervisor, manager and your monthly salary and the performance denied forms part of your contract of employment in case you were a manager. Better furnish those details at least now.
Hello,
As requested my salary at time was 250000/pa. I was an executive in an financial broking organization. In the performance appraisal i was awarded the highest for employee in the organization. Thus the organisation paid such employee the salary +10%, payslip of which i already have. Now the organisation is claiming that following payslip was uploaded on payroll system by mistake. They are denying that i am not eligible for performance bonus at all. I do not have my appraisal rating proof though. Only my peers can confirm that. So how do i approach them now since they have now retrenched payslip saying it was a mistake.
Dear Pintu,
From our telephonic conversation about your job-profile, you are a "workman" u/s 2(s) of the I.D Act,1947 irrespective of your designation and monthly salary. If they refuse to pay the performance bonus, you can file a claim u/s 33(C)(2) of the I.D Act,1947 in the Labor Court in whose jurisdiction your establishment is situated. You'll have to engage an advocate in this behalf. Decide depending on the amount due to you.
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