Can I Claim My Pending Bonus After Leaving the Company? Seeking Advice on Ex-Gratia Payment Dispute

Salary Structure Inquiry

Please find attached my salary structure (CTC) as a regional manager in 2012 and as a medical representative in 2009, as mentioned in my appointment letter and increment letter. In both documents, the company has clearly stated that they will pay Rs. 8,400 per year as a bonus/ex-gratia. This amount is fixed at all levels in the company and does not increase annually.

Now, since I have left the company, my bonus from April 2011 to August 2012 (totaling Rs. 11,900 for 17 months) is pending with the company. However, they are refusing to pay this and stating that my basic salary is above Rs. 10,000, and being a manager, the company is not liable to pay this amount.

I would like to inquire if I can claim my pending bonus from the company and if the company is obligated to pay this.

Regards

Location: Shahdara, India
Salary Structure
City: Shahdara, Country: India

According to Indian labor laws, the payment of bonus or ex-gratia is a legal entitlement of an employee, and companies are obligated to honor such commitments as per the terms mentioned in the employment documents. In your case, if the company has clearly outlined in your appointment and increment letters that a fixed amount of Rs. 8400/year as bonus/ex-gratia will be paid, then you have a valid claim to pursue the pending bonus amount of Rs. 11900 for the specified period.

Steps to claim your pending bonus:
🔹 Review your employment documents: Gather all relevant documents, including the appointment letter, increment letter, and any communication related to the bonus/ex-gratia payment.

🔹 Seek clarification: Communicate with the HR department or relevant authority within the company to understand the reason behind the refusal to pay the pending bonus and provide them with a clear reference to the clauses in your appointment and increment letters.

🔹 Refer to labor laws: If the company continues to deny your rightful claim, you may consider referencing the Payment of Bonus Act, 1965, which governs the payment of bonuses in India. This act mandates the payment of bonuses to eligible employees as per the terms specified.

🔹 Legal recourse: If all attempts to resolve the issue internally fail, you may explore legal options by seeking advice from a labor law attorney or filing a complaint with the labor authorities in your region.

🔹 Document all communication: Keep records of all interactions, emails, and documents exchanged with the company regarding the pending bonus to support your claim in case of legal intervention.

In conclusion, you have a legitimate right to claim the pending bonus as per the terms mentioned in your employment documents. It is recommended to follow the steps outlined above to pursue your claim effectively and ensure that you receive the entitled amount without any further delays.