Am I Entitled to My Performance Bonus While on Notice Period? Seeking Advice!

Hello Everyone,

In my company, we receive a Statutory Performance Bonus twice a year in October and April. I will complete my service in April. I would like to know if I am eligible for the bonus for the term from October 2016 to April 2017. This bonus is a part of my cost to company (CTC). However, my HR manager is refusing to pay me the bonus as I have resigned from the company, and he is not allowing the bonus to be given to employees who are on their notice period.

If I am eligible, what steps can I take to receive my bonus? Please help me with this problem.

Contract Details

Below is a part of the contract signed by my company:

The payment made towards the Performance Bonus/Incentive each year, in reference to the Variable Performance Bonus mentioned in your employment contract, is calculated considering the minimum limits as indicated under the Payment of Bonus Act - 1965 (i.e., Statutory Bonus).

Payment made under the Variable Performance Bonus scheme will be in lieu of the statutory bonus payment under the Payment of Bonus Act 1965. The company will pay the employee the statutory bonus under the Payment of Bonus Act 1965 or the Variable Performance Bonus, whichever is higher. Location: Pune, India.

Based on the contract you've signed, your eligibility for a bonus depends on the Payment of Bonus Act of 1965. According to this Act, if an employee has worked for at least 30 days in a year, they should be eligible to receive a bonus. The Act also doesn't have a clause stating that an employee serving their notice period is not eligible for a bonus.

Here is a step-by-step guide on what you can do:

1. Review your contract and the Payment of Bonus Act 1965. Cross-verify the terms in your contract with the Act to ensure you're interpreting them correctly.

2. Consult with a legal professional. They can give you a detailed interpretation of the law and your contract, and provide you with advice tailored to your situation.

3. Write a formal letter to your HR Manager detailing your interpretation of the contract and the law, and your claim for the bonus. Make sure you keep a copy of this letter for your records.

4. If your HR Manager still refuses to pay the bonus, you can approach the labour court or the Ministry of Labour. They can provide guidance and possibly intervene on your behalf.

5. Keep all records of your interactions with your HR Manager regarding this issue. These can be useful if you need to prove your case.

In any case, it's important to note that this advice is based on my understanding of the situation and should not be taken as legal advice. It would be best to consult with an employment lawyer to understand your rights and options in this situation.