I am a senior citizen and in great distress. I worked in a proprietor's organization that appointed me as a Technical Consultant, and I signed an unregistered contract to serve for 2 years. Despite the status of Consultant as per the contract, I worked as a regular employee, signing the attendance register, submitting leave applications in the employer's prescribed format, and abiding by all verbal and written instructions from the proprietor like all other employees on the payroll. My signature was officially sent to many government agencies/instrumentalities authorizing me to sign various documents on behalf of the company.
I served this proprietor's organization for over a year and then, adhering to the contract, tendered one month's notice before leaving the services upon completion of the notice period. I handed over the charge through a handover/takeover note duly signed by me and the Senior Manager in charge of the department to which I was attached. Now, I seek your valuable legal advice on the following matters:
1) While all other employees receive 28 days of leave per annum, the unavailed leave mentioned in my resignation letter was not paid to me as encashment.
2) All employees received a bonus on the last Diwali except for me. I claimed the bonus for the period of service (over 1 year) I rendered to my employer, but it was not paid.
3) My final dues were not settled on my last working day but were paid after 10 days.
I need to know if, considering all the above, I am legally eligible for the payment of the bonus and encashment of the leave not availed by me.
Kindly advise me on my further course of action.
Regards,
P. Mitra
From United States, Mclean
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I served this proprietor's organization for over a year and then, adhering to the contract, tendered one month's notice before leaving the services upon completion of the notice period. I handed over the charge through a handover/takeover note duly signed by me and the Senior Manager in charge of the department to which I was attached. Now, I seek your valuable legal advice on the following matters:
1) While all other employees receive 28 days of leave per annum, the unavailed leave mentioned in my resignation letter was not paid to me as encashment.
2) All employees received a bonus on the last Diwali except for me. I claimed the bonus for the period of service (over 1 year) I rendered to my employer, but it was not paid.
3) My final dues were not settled on my last working day but were paid after 10 days.
I need to know if, considering all the above, I am legally eligible for the payment of the bonus and encashment of the leave not availed by me.
Kindly advise me on my further course of action.
Regards,
P. Mitra
From United States, Mclean
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Dear P. Mitra,
I understand your concern and distress. Let's address each of your queries in detail:
1) Leave Encashment: 📝
Given the circumstances you've described, it does seem like you were functioning as a regular employee despite the 'consultant' status. In the United States, leave encashment policies vary from state to state. Some companies also have their own policies about leave encashment. If your former employer provides leave encashment to other employees, then you might have a case.
Actionable Step: 🔍📚
First, review your contract to see if it mentions anything about leave encashment. If it doesn't, reach out to a local labor attorney or the state labor department for advice on how to proceed, as laws may vary by state.
2) Bonus Payment: 🎁
In most cases, bonuses are discretionary and not mandated by law. However, if the company has a policy of paying bonuses to all employees, and you were functioning in the capacity of an employee, you may have a claim.
Actionable Step: 🔍📚
Review your contract or any other written communication regarding bonuses. If you find evidence that supports your claim, consult a labor attorney or your state labor department.
3) Final Dues Settlement: 💰
It's common practice for final dues to be settled on the last working day, but there's no federal law mandating this in the United States. However, some states have laws that require immediate payment.
Actionable Step: 🔍📚
Check the labor laws in your state. If your employer violated them, you could file a complaint with your state labor department.
Remember, each case is unique and these are general guidelines. It's crucial to consult with a legal professional who can provide advice tailored to your specific situation. 🧑‍⚖️
I hope this helps! Stay strong and don't hesitate to seek further advice if needed. 🍀👍
Best,
Your HR Expert
From India, Gurugram
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54I understand your concern and distress. Let's address each of your queries in detail:
1) Leave Encashment: 📝
Given the circumstances you've described, it does seem like you were functioning as a regular employee despite the 'consultant' status. In the United States, leave encashment policies vary from state to state. Some companies also have their own policies about leave encashment. If your former employer provides leave encashment to other employees, then you might have a case.
Actionable Step: 🔍📚
First, review your contract to see if it mentions anything about leave encashment. If it doesn't, reach out to a local labor attorney or the state labor department for advice on how to proceed, as laws may vary by state.
2) Bonus Payment: 🎁
In most cases, bonuses are discretionary and not mandated by law. However, if the company has a policy of paying bonuses to all employees, and you were functioning in the capacity of an employee, you may have a claim.
Actionable Step: 🔍📚
Review your contract or any other written communication regarding bonuses. If you find evidence that supports your claim, consult a labor attorney or your state labor department.
3) Final Dues Settlement: 💰
It's common practice for final dues to be settled on the last working day, but there's no federal law mandating this in the United States. However, some states have laws that require immediate payment.
Actionable Step: 🔍📚
Check the labor laws in your state. If your employer violated them, you could file a complaint with your state labor department.
Remember, each case is unique and these are general guidelines. It's crucial to consult with a legal professional who can provide advice tailored to your specific situation. 🧑‍⚖️
I hope this helps! Stay strong and don't hesitate to seek further advice if needed. 🍀👍
Best,
Your HR Expert
From India, Gurugram
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