Labour Law & Hr Consultant
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Thread Started by #bomasters

I am working in one private company and was eligible for performance bonus for sept 2016 to sept 2017 cycle. I got the letter from company that my bonus will be 100% of my monthly salary but now i have given resignation on Jan 2018 and serving a notice period.
Now Company is saying that they will not give performance bonus because i have resigned but this bonus was from sept 2016 to sept 2017 cycle.
Can we file a case aganist a company for this and is it a genuine case to file because private companies does this kind of thing.
Please let me know
16th January 2018 From India, Gurgaon
Yes, You have a rightful claim under the Payment of Bonus Act 1965. You can lodge the claim before the local Labour Officer with full facts and supporting documents and seek his intervention. The Act does not authorise non-payment of bonus to employees who have resigned, as bonus is deferred wages.
16th January 2018 From India, Mumbai
I think that the issue is non-payment of performance bonus under the contract of employment not the statutory bonus under the Payment of Bonus Act,1965. Again the poster has not mentioned any thing about his monthly gross salary as well as his capacity of employment.
16th January 2018 From India, Salem
I am working as a senior software engineer in a private company and monthly salary is 60000 so i was expecting bonus of 60000.
This company always delays its bonus. It is performance bonus which is a part of CTC. It depends on person's grade.
My grade was the highest . I was supposed to get this performance bonus in jan 2018 but performance was evaluated for the cycle sept 2016 to sept 2017.
Please let me know which information i missed here!!
16th January 2018 From India, Gurgaon
I presume Performance bonus was part of the benefits offered to you in your job letter.
You have a legal case against him for failure to uphold his part of the contract wherein performance bonus was offered as part of your pay package.
Send him a detailed legal notice, if all other attempts have failed.
16th January 2018 From India, Pune
Dear Friend,
What just now you've provided is the relevant information to your queries. The quantum of your monthly salary disentitles you for bonus under the PB Act,1965 or from filing a claim under the Payment of Wages Act,1936. Your salary also indicates positively that you must be a software engineer of senior cadre with supervisory responsibilities. If my presumption is fortunately wrong, you can file a claim u/s 33C(2) of the Industrial Disputes Act,1947 before the Labor Court of the area. In such an otherwise situation, the only option before you is filing a suit for the breach of contract as well as recovery of the amount in a Civil Court. Better, seek the advice of a Civil Lawyer.
16th January 2018 From India, Salem
Mr Uma,
If querist had indicated his designation and status in the company answer would have been easier.
Many a querist fail in providing correct and full description of their job,nature,position etc and leave posters guessing and answering.
Some guidelines to this effect need to be made available whenever any one chooses to post a query.
Present case appears to be breach of job contract terms. and civil suit is the way out if nt resolved earlier.
16th January 2018 From India, Pune
Yes. Mr.Rao, I do agree with you. Queries relating to individual statutory rights and contractual claims always lack such essential details. The anxiety for a quick solution and the overwhelming feelings of defeatism and agitation always mar such affected employees' equanimity while framing their questions. This is the reason for presumptive answers which go inappropriate at times and render a volley of follow-up queries from people like us. Similarly, regarding common issues relating to statutory compliance, some posters simply forget to make a cross reference of various related issues discussed earlier several times or fail to go through the concerned Acts and Rules but straight away raise rudimentary questions one after another. Occasionally, some people create threads for the purpose of getting approval of their own decisions which in fact run counter to the provisions of Laws as well as established conventions. Such an attempt results in lengthy and inconclusive discussions and baffle the readers. One more important point is poverty of language in framing the questions. Of course we have to be very considerate in this aspect for the reason that all are not alike in language skills; but the point is that one needs to have patience in drafting the question in such a way that clarity is ensured. I think this particular point requires to be high lighted by the Admins in all the proposed meets suggested by Mr.Sid. Thank you for your open emphasis in this regard!
16th January 2018 From India, Salem
Dear Friend,
The members of the forum have already replied to your querry on the basis of your posting & reposting of some more facts. Your claim is for Performance Linked Bonus for the year 2016-17 not paid to you. You have already resigned and now questioning of something that due to you is not the part of wages or bonus rather some contractual consideration upon your performance during the year or cycle followed by your establishment.
To coment upon or suggest any remedy needs complete text of appointment letter/ contracts. It is therefore advised you to take the help of law consultant deals in labour related issues for the next course of action.
Or at best you can ask your employer in writing, to adjust balance "period of Notice" against the sum due on account of Performance Bonus and "x" date will be your last date of working . By doing so your amount that remains outstanding shall stands settled and reply forom your employer would help for future course of action.
17th January 2018 From India, Mumbai
I am living in Gurgaon and company is also in gurgaon .
Please let me know how can i send them a notice.
Is there any lawyer to whom i can contact?
Please let me know so that i can explain my case to him directly .
Thanks a lot for all the answers
18th January 2018 From India, Gurgaon
They have given me a policy which is saying that at the time of payout if employee is on notice period company is not liable to give performance bonus.
So in this case bonus cycle was sept 2016 to sept 2017 but i have given resign in jan 2018 so they are saying that this policy is applicable on me and they are not bound to give anything.
Is this legal for a company to apply this kind of policy? in this case they are never bound to pay anything and nobody can complaint in labour court .
Please help and also provide any lawyer information if possible.
25th January 2018 From India, Gurgaon
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