Hello,
Thanks for appreciation.
Since we are not talking about statutory bonus, the issue is entirely concerned with terms and conditions of your employment and the outcome is therefore dependent upon the ethics and morality of the employer and the culture of the organization as any dispute between you and the employer will NOT be covered by LAbour Law but by Civil Law. If you resort to civil law it will take YEARS to get ANY outcome. I suppose you ae aware of the judicial system in the country and its lethargy and inordinate delays! Even if you ultimately WIN in a court of law, you would have lost on time and the lawyer will get more out of you that the Bonus amount and to that extent you have to take calculated decision.
Was the Bonus a part of the CTC when you were employed?
Whatever the position the logic of the situation tells me that you must get atleast the pro-rata Bonus UNLESS there is some clause in your terms & conditions which escaped your attention at the time of employment and acceptance of the offer.
Frankly you can hope to get the Bonus and the matter will rest on how the employer looks at the issue.
So, you have to be nice, polite yet firm in seeking this payment. If you are perceived to be in a fighting mood, the employer, albeit wrongly, may only "switch off" and cold shoulder the whole issue and if that happens you may simply have say good bye to the hard earned money! Sad but true!!!
Good Luck. Hoe indeed you get the hard earned money.
Regards
samvedan
February 11, 2009
---------------------------
Thanks for appreciation.
Since we are not talking about statutory bonus, the issue is entirely concerned with terms and conditions of your employment and the outcome is therefore dependent upon the ethics and morality of the employer and the culture of the organization as any dispute between you and the employer will NOT be covered by LAbour Law but by Civil Law. If you resort to civil law it will take YEARS to get ANY outcome. I suppose you ae aware of the judicial system in the country and its lethargy and inordinate delays! Even if you ultimately WIN in a court of law, you would have lost on time and the lawyer will get more out of you that the Bonus amount and to that extent you have to take calculated decision.
Was the Bonus a part of the CTC when you were employed?
Whatever the position the logic of the situation tells me that you must get atleast the pro-rata Bonus UNLESS there is some clause in your terms & conditions which escaped your attention at the time of employment and acceptance of the offer.
Frankly you can hope to get the Bonus and the matter will rest on how the employer looks at the issue.
So, you have to be nice, polite yet firm in seeking this payment. If you are perceived to be in a fighting mood, the employer, albeit wrongly, may only "switch off" and cold shoulder the whole issue and if that happens you may simply have say good bye to the hard earned money! Sad but true!!!
Good Luck. Hoe indeed you get the hard earned money.
Regards
samvedan
February 11, 2009
---------------------------