Dear Seniors, I was associated with the pharma manufacturing unit as an Asst Manager in Maharashtra.I was worked here from May-2015 to Feb-2020. Submitted resignation in Feb-20 and completed all exit formalities with No dues document including gratuity claim application to process full and final settlement. Till Nov-2020 end not cleared dues or received any update of full and final settlement.

As per the experienced history of the company, the employer is reluctant to clear dues if he requires to pay to the employee.

If the employee had any kind of recovery then-employer continuously insisting to pay recovery amt first to get exp and reliving cert.

As per the appointment letter, the salary breakup term mentioned annual performance incentive (20% of annual salary) which is not cleared for any completed year.(FY 2015/16,2016/17,2017/18,2018/19,2019/20) During the course of employment for this inquired many times but not received a satisfactory answer.

Here I am wishing legal advice upon the mentioned situation. My expectations is to clear full and final settlement with gratuity claim and performance incentive only.

This is a humble request to expertise to advise and guide on the above issue.

From India, Delhi
KK!HR
1037

It appears you are entitled to gratuity subject to continuous service of 240 days every year from 2015 to 2020. However as regards performance incentive, legally speaking there is a limitation of three years unless you have been continuously asking for it after the first year onwards.
From India, Mumbai

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