Performance Bonus payslip given but amount not paid yet.

Hello,

I had been working for a firm for a year. I uploaded my resignation to their HR management system on the 3rd of June. On the 17th of June, a payslip for a performance bonus was uploaded to my payroll account. I received my last month's salary credited to my account, but this bonus was never credited to me.

I was told that the performance bonus is a variable amount and would not be paid to employees who have left. I am not sure, as there is no mention of this in my appointment letter. Also, if it was never meant to be paid, why would they upload the payslip in my name addressing the performance bonus and not inform me in a letter?

Can anyone please help me with this case?

Once you put up papers, it's better to leave amicably and make your exit smooth for better career growth. Leave behind petty issues.

Mr. Prashant,

I wanted to know whether the payslip is uploaded to my payroll account, shouldn't they be eligible to pay it? That money is my hard-earned money after working almost 12 hours every day. It is my complete month's salary we are talking about.

As an HR professional, why would you create a payslip and then not pay the employee?

Withholding the declared performance bonus of an employee under the pretext of his subsequent resignation is certainly not only improper but also an act of illegality on the part of the employer. Performance bonus, per se, is an amount payable in addition to the usual salary for the quantifiable work already done by the employee over and above his normal work. Denying the extra wages assured for the extra work done by the employee is a mean act of exploitation. The reasons told by the management are mere lame excuses to hide their exploitative tendency towards an outgoing employee.

Even if there is such a condition in the scheme of performance bonus, it cannot withstand legal scrutiny. The poster should boldly write back to the ex-employer all these legal and logical points and demand the immediate payment of the performance bonus due and inform that the failure to do so would entail appropriate legal action.

I agree with Mr. Umakanthan, anything mentioned in the payslip or legally eligible to be paid to the employee should still be provided even if he has resigned. Please write a gentle reminder to them regarding this matter and ensure that the clearance is obtained.

Once I wrote to them, they have taken down the payslip from my payroll management account and are saying that it was a mistake. They are claiming that I am not eligible for a performance bonus. What should I do?

Can someone assist me in approaching this legally since they have stopped replying at all.

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I noticed a potential issue in communication as they have ceased responding completely. It would be greatly appreciated if someone could guide me on how to address this matter legally.

Dear Pintu,

That's because you are only interested in getting a reply to your queries rather than providing the necessary particulars, as many people usually do. You ought to have given your designation indicating your status of employment, such as whether you are a workman, supervisor, or manager, along with your monthly salary. The performance denied forms part of your contract of employment if you are a manager. It's better to furnish those details at least now.

Hello,

As requested, my salary at the time was 250,000 per annum. I was an executive in a financial broking organization. In the performance appraisal, I was awarded the highest rating for an employee in the organization. Consequently, the organization increased the salary by 10%, with the payslip already in my possession.

Now, the organization claims that the payslip in question was uploaded to the payroll system in error. They are denying my eligibility for the performance bonus entirely. Unfortunately, I do not have proof of my appraisal rating. However, my peers can verify this information. How should I approach them now that they have retracted the payslip, citing it as a mistake?

Dear Pintu,

From our telephonic conversation about your job profile, you are a "workman" under section 2(s) of the Industrial Disputes Act, 1947, irrespective of your designation and monthly salary. If they refuse to pay the performance bonus, you can file a claim under section 33(C)(2) of the Industrial Disputes Act, 1947, in the Labor Court within whose jurisdiction your establishment is situated. You will have to engage an advocate for this matter. Make your decision based on the amount owed to you.