Struggling to Recover My Variable Pay After Resigning: Can You Help Me Navigate HR Policies?

Hi, I have a query regarding my variable pay and would appreciate your help in recovering my hard-earned money from the past year. I joined Danske IT during the last week of January 2018. Due to personal reasons, I decided to leave the organization. My appraisal discussion took place in the first week of March 2019, and I was rated as a performer. I submitted my resignation on March 15, 2019. After submitting my resignation, I was informed that I would not receive my variable pay.

I reached out to HR, and here is their response: "As per the policy, you are not eligible to receive the variable pay. The policy clearly states that the employee must be part of the entire appraisal cycle from January to December. I understand that you joined on January 29 and feel that you were part of the entire appraisal cycle, but the policy has been quite explicit about it."

Upon reviewing the policy, I found the following information: "Employees serving notice: Employees who have resigned and are serving notice at the time of the variable payout will be eligible for the variable payout if they have been part of the entire Performance Appraisal cycle (January to December). Employees who are rated 1 and 2 and are serving notice will not be eligible for Variable Pay."

I wrote back to HR with this statement: "The policy is quite clear that the employee has to be part of the entire appraisal cycle from January to December. However, the specific dates are not mentioned anywhere explicitly. I would have completely agreed with your statement if it was mentioned as January 1 to December 31. I submitted my resignation in the portal on March 16, 2019, and I believe I am entitled to the variable pay as per the policy."

HR responded: "As mentioned earlier, the employee needs to be part of the entire appraisal cycle and must not have resigned to be eligible for the variable pay. You joined on January 29, 2018, and hence it cannot be considered as the complete assessment cycle. If you had any clarifications before making your decision, you could have contacted me."

I also spoke with my manager, who stated that HR is the policy owner and nothing can be done. However, HR is not acknowledging that the cycle starts on January 1 and ends on December 31. They are focusing on my joining date, which has resulted in me missing out on my variable pay. Kindly help me recover this variable pay, which is my hard-earned money. I would be forever grateful to you.

Hello,

I understand that you're in a difficult situation and I empathize with your concern about your earned variable pay. Here are some steps you can take to address this issue:

1. 🔍 Review Policy: Carefully review the policy once again to ensure you have a clear understanding of the terms. If the policy mentions that employees need to be part of the entire appraisal cycle (January to December) but doesn't specify exact dates, you may have a valid argument given that you were an employee for essentially the entire period.

2. 📡 Document Correspondence: Keep a record of all your communications with HR and your manager regarding this issue. This includes emails, memos, and any verbal conversations.

3. 📭 Involve Higher Management: If HR is not ready to consider your argument, you might want to escalate the issue to higher management. Write a well-thought-out letter to your supervisor or the head of HR explaining your situation, including the fact that you were employed for virtually the entire appraisal period.

4. 📊 Gather Evidence: Collect any evidence that might support your argument. For example, any performance reviews or feedback you received during the period in question that indicates you were performing well and contributing to the company.

5. 🔍 Seek Legal Counsel: If there's no resolution within the company, you might want to consult a labor law expert or lawyer. They can provide you with advice on your legal rights and potential courses of action.

6. 💃 Approach Labor Unions or Employment Forums: If your company has a labor union, consider bringing this issue to their attention. Alternatively, you can also reach out to employment forums online where HR professionals and legal experts can provide advice.

Remember, each organization has its own set of policies and procedures, and while they are generally designed to be fair to all, there can be instances where they might seem unjust. It's important to stand up for your rights and seek justice in such circumstances.

Hope these steps guide you in the right direction! Good luck.