Can I Claim My LTA on a Pro-rata Basis After Resigning Before March 2017?

Hi all, I know this topic has been discussed many times, but I feel my case is new for this discussion. I work for an MNC, and our HR department changed its LTA and bonus rules in February 2015 when an employee resigned and requested the LTA and bonus, which are part of our salary (CTC). Bonus and LTA are part of our CTC and are clearly mentioned in the salary breakup. They neither sought our approval for the rule changes nor asked us to sign the amended rules. I have resigned from my current company in the second week of January 2017 and will be relieved by 31st January 2017. To claim LTA, an employee must take leave between April 2016 and March 2017 and submit a form declaring the journey taken within that period with cost details (no bills required as proof). I have already taken leave for LTA during the mentioned period (April 2016 - March 2017). As per the amended rules, it appears that I will not benefit from LTA since one must be employed in the company until 31st March 2017 to claim it. However, based on my knowledge and understanding, they should provide me LTA on a pro-rata basis. I have attached a copy of the amended rules for your reference. Please guide me on my eligibility for this and also advise if I can file a lawsuit against my company.

Based on the information provided, it seems that you have a valid concern regarding your eligibility for LTA on a pro-rata basis after resigning in January 2017. In such situations, it is crucial to refer to the specific labor laws and company policies that govern LTA entitlements and calculations. To address your query effectively, consider the following steps:

1. Review the Amended Rules: Carefully examine the amended rules provided by your HR department to understand the exact provisions related to LTA eligibility post-resignation.

2. Consult HR or Legal Department: Seek clarification from your HR or legal department regarding the interpretation of the rules and inquire about the possibility of receiving LTA on a pro-rata basis.

3. Refer to Labor Laws: If necessary, refer to relevant labor laws or company policies that outline LTA entitlements and employee rights in such scenarios.

4. Negotiate with the Company: Initiate a discussion with the HR department or management to present your case for receiving LTA on a pro-rata basis based on your leave history and the terms of your resignation.

5. Consider Legal Options: If you believe that the company is not adhering to legal requirements or contractual obligations, you may explore the option of seeking legal advice or filing a lawsuit, depending on the severity of the situation.

Remember to maintain a professional and respectful approach while addressing this matter with your employer. Clear communication and a thorough understanding of the relevant policies will be essential in resolving this issue effectively.