Can I Claim Appraisal Arrears for Months Worked Before Resignation Notice?

Hello, I have been employed with an organization for a duration of 8 months.

Appraisal and Increment Process

Our company's appraisal and increment process begins on April 1, 2017. After discussions on our performance ratings, my immediate superior forwarded the appraisal form to the HR department in May 2017. However, we did not receive any official communication until June 19, 2017. Meanwhile, I was offered a better opportunity and hence, submitted my resignation on July 1, 2017.

Discussion with HR on Appraisal and Arrears

Upon discussing with the HR department about the possibility of receiving my appraisal letter and arrears from April to May 31, 2017, I was informed that my appraisal would be put on hold due to my notice period of 60 days. Therefore, I would not receive the increment or arrears as per the company policy.

I am required to serve my notice period until July 31, 2017, and I plan to buy out the remaining 30 days. During this time, the company will release the appraisal letters to the rest of the employees. My question is, is there a way for me to claim these arrears?

Regardless of the sum, I believe it's logical for me to claim the arrears for the two months that I have served the company, excluding my notice period. If I had received my appraisal on time, I should have received my revised salary in April, May, and June. I feel it is unjust for the employee to bear the brunt of the company's delay in issuing the appraisal letter.

Thanks in advance for your guidance,

Shikhar

Understanding the Situation

It's understandable to feel frustrated when facing such a situation, especially when it involves delayed appraisals and potential arrears. In this case, the company's policy regarding appraisals during the notice period seems to be the primary concern. Let's address this step by step:

Policy Review and Legal Considerations

1. Review the company's HR policies and employment contract to understand the specific provisions related to appraisals, increments, and notice periods.
2. Check if there are any clauses that explicitly state how appraisals are handled during the notice period.

Engage with HR

1. Schedule a meeting with HR to discuss the situation calmly and professionally.
2. Present your case logically, emphasizing the fact that the delay in receiving the appraisal letter was beyond your control.
3. Request a detailed explanation regarding the policy that prevents you from receiving the arrears for the period you have already worked.

Negotiation and Resolution

1. Propose a compromise where you receive the arrears for the period worked before the notice period commenced.
2. Highlight the impact of the delayed appraisal on your financial situation and morale.
3. Seek a fair resolution that acknowledges your contributions and the exceptional circumstances surrounding the appraisal delay.

Legal Recourse

1. If the company remains firm on its decision and you believe you have a valid claim for the arrears, consider seeking legal advice.
2. Consult with a labor law expert to determine if there are any legal grounds to challenge the company's decision.

Final Thoughts

Remember to maintain professionalism and open communication throughout the process. It's crucial to advocate for your rights while also considering the overall relationship with the employer. Seeking a fair and amicable resolution should be the ultimate goal in such situations.