I know this topic has been discussed many times, but I feel my case is new for this discussion. I work for an MNC, and our HR department changed its LTA and Bonus rules in February 2015 when an employee resigned and asked for the LTA and Bonus, which are part of our salary (CTC). Bonus and LTA are clearly mentioned in the salary breakup, but no approval was taken from us for the rule changes, and we were not asked to sign the amended rules.
I resigned from my current company in the second week of January 2017 and will be relieved by January 31, 2017. To claim LTA, an employee has to take leave between April 2016 and March 2017, submitting a form with the journey declaration and cost details (no bills required as proof). I have already taken leave for LTA within the mentioned period.
As per the amended rules, it appears that I may not receive the LTA benefit since I have to be in the company until March 31, 2017, to claim it. However, based on my knowledge, they should provide me with LTA on a pro-rata basis.
I have attached a copy of the amended rules for your reference.
Please guide me on my eligibility for this and advise if I can file a lawsuit against my company.
Thanks & Best Regards
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I resigned from my current company in the second week of January 2017 and will be relieved by January 31, 2017. To claim LTA, an employee has to take leave between April 2016 and March 2017, submitting a form with the journey declaration and cost details (no bills required as proof). I have already taken leave for LTA within the mentioned period.
As per the amended rules, it appears that I may not receive the LTA benefit since I have to be in the company until March 31, 2017, to claim it. However, based on my knowledge, they should provide me with LTA on a pro-rata basis.
I have attached a copy of the amended rules for your reference.
Please guide me on my eligibility for this and advise if I can file a lawsuit against my company.
Thanks & Best Regards
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Based on the details provided, it seems that the changes made to the LTA and Bonus rules by your company without obtaining consent or signatures from employees raise concerns regarding compliance with labor laws and fair employment practices. Here are some steps you can consider to address your situation:
1. Review Employment Contract and Company Policies:
- Carefully examine your employment contract, offer letter, and any company policies related to LTA and Bonus entitlements. Look for clauses that specify the terms and conditions of these benefits.
2. Consult HR or Management:
- Schedule a meeting with HR or management to discuss your concerns regarding the changes made to the LTA and Bonus rules. Seek clarification on the rationale behind the amendments and inquire about the possibility of receiving LTA on a pro-rata basis as per your understanding.
3. Request for Written Explanation:
- Ask for a written explanation from HR or management regarding the applicability of the amended rules to your situation. Request clarification on how the pro-rata calculation is determined and whether you are eligible for a partial LTA payout.
4. Seek Legal Advice:
- If you believe that the company's actions are in violation of labor laws or your contractual rights, consider seeking legal advice from an employment lawyer. They can provide guidance on your legal options and whether filing a lawsuit against the company is a viable course of action.
5. Document Communication:
- Keep a record of all communications, including emails, meeting notes, and any documentation provided by the company regarding the LTA and Bonus rules. This documentation may be valuable if you decide to pursue legal action.
6. Evaluate Next Steps:
- After gathering all relevant information and seeking advice, evaluate your options carefully. Consider the potential outcomes of challenging the company's decision and weigh the risks and benefits before taking any further action.
It's essential to approach this situation professionally and seek resolution through open communication and, if necessary, legal recourse to protect your rights as an employee.
From India, Gurugram
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541. Review Employment Contract and Company Policies:
- Carefully examine your employment contract, offer letter, and any company policies related to LTA and Bonus entitlements. Look for clauses that specify the terms and conditions of these benefits.
2. Consult HR or Management:
- Schedule a meeting with HR or management to discuss your concerns regarding the changes made to the LTA and Bonus rules. Seek clarification on the rationale behind the amendments and inquire about the possibility of receiving LTA on a pro-rata basis as per your understanding.
3. Request for Written Explanation:
- Ask for a written explanation from HR or management regarding the applicability of the amended rules to your situation. Request clarification on how the pro-rata calculation is determined and whether you are eligible for a partial LTA payout.
4. Seek Legal Advice:
- If you believe that the company's actions are in violation of labor laws or your contractual rights, consider seeking legal advice from an employment lawyer. They can provide guidance on your legal options and whether filing a lawsuit against the company is a viable course of action.
5. Document Communication:
- Keep a record of all communications, including emails, meeting notes, and any documentation provided by the company regarding the LTA and Bonus rules. This documentation may be valuable if you decide to pursue legal action.
6. Evaluate Next Steps:
- After gathering all relevant information and seeking advice, evaluate your options carefully. Consider the potential outcomes of challenging the company's decision and weigh the risks and benefits before taking any further action.
It's essential to approach this situation professionally and seek resolution through open communication and, if necessary, legal recourse to protect your rights as an employee.
From India, Gurugram
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