Can I Take Legal Action to Claim My Variable Pay After Leaving My Job Early?

I joined a company on March 26th and left on November 20th. In the offer letter, they stated that the variable pay would be distributed in two parts: the first from April to September, with payment made on December 15th, provided you were still an employee on that date. The variable pay constitutes a significant part of my CTC. I worked there for the entire 8 months (from April to November) and resigned because they did not have any further projects in hand. They always mentioned that it was risky to be on the bench and released me within one day. I observed a case where they terminated someone without notice but provided him with the full notice period amount and full variable pay before December 15th. Can I file a complaint in the consumer court against them to claim my 8 months' variable pay?

Thank you.

When you are aware of a variable fact, you may have to wait to obtain it or engage in a clear discussion about the benefits before resigning. After resignation, there is little hope of receiving assistance in terms of the law.

The Company Settlement Team has just sent me an email with F&F Calculations which doesn't include my Variable part (No mention of Variable). However, I personally contacted its HR, and he told me that it is not included because I left the company before the 15th of December.

Hi,

First of all, there is no consumer court involved in an employer-employee relationship. Besides this, the variable part is a very common practice and is paid only if the employee is in service at the end of 1 year of joining or package appraisal.

Dear Madam,

First of all, do not accept your FNF. Write to the top person of the organization, pointing out that you left the organization at their instance and against your will because of a lack of projects, and you were put on the bench. Therefore, you are entitled to the variable pay, and your FNF must include it.

Also, point out that your colleague who was asked to leave before the 15th of December was paid variable pay. They cannot amend the rule in an unjust manner. If it does not get settled at that level, then the appropriate authority will be the Labor Commissioner to lodge your complaint, and the Consumer Court will not have jurisdiction to handle your matter.

Regards,
Vinayak Nagarkar
HR Consultant