I was a 1st line manager in a pharmaceutical company based in Mumbai for the last 6 years. On August 26, 2014, I was in a road accident and hospitalized for 1 month. After recovery, I resumed my fieldwork, but my boss started insulting and harassing me, eventually forcing me to resign on January 5, 2015.
I wrote an email to the HR Department regarding this issue but received no assistance as they had preplanned for this situation. Today, I received settlement papers for my dues, but my annual incentives were not included, despite achieving 110% of my target in the financial year from January to December.
I have now started working with another company. What actions can I take? Should I file a case against the company? What repercussions could there be on my current job if my previous company informs them? Please advise on what steps to take.
From India, Mumbai
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I wrote an email to the HR Department regarding this issue but received no assistance as they had preplanned for this situation. Today, I received settlement papers for my dues, but my annual incentives were not included, despite achieving 110% of my target in the financial year from January to December.
I have now started working with another company. What actions can I take? Should I file a case against the company? What repercussions could there be on my current job if my previous company informs them? Please advise on what steps to take.
From India, Mumbai
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Understanding Your Rights and Next Steps
Every action has a reaction. You are entitled to an incentive that your previous company has denied you if you achieved 110% of the target set for the incentive. If you communicate with your current employer about this, they may perceive you as being legally inclined, although your perspective is fully justified. It all depends on the amount that has been denied to you. If you strongly believe in pursuing the matter, consider writing to the labor commissioner or sending a legal notice, depending on whether you are covered by the Shops and Establishment Act.
From India, Pune
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3180Every action has a reaction. You are entitled to an incentive that your previous company has denied you if you achieved 110% of the target set for the incentive. If you communicate with your current employer about this, they may perceive you as being legally inclined, although your perspective is fully justified. It all depends on the amount that has been denied to you. If you strongly believe in pursuing the matter, consider writing to the labor commissioner or sending a legal notice, depending on whether you are covered by the Shops and Establishment Act.
From India, Pune
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Legal Clarification on Negative Covenants in Employment Agreements.pdf