Legal Question in Employment Law in India

I have worked with XYZ BPO company for 2 years & resigned in Apr'15. I have been denied certain monetary benefits(refer below) due to resignation which I think on moral & ethical grounds are wrong:

1) We are entitled to receive bonus for the last calendar year in the month of march i.e. for the FY 2014 it is due & paid in the march month salary I also received the same but due to some computation error it has been paid less to me as discussed with HR. There has been a revision in the Bonus took place in April salary not only in our process but across the organization but the same has been denied to me Since I have resigned in April. Ideally on moral ground it should not be denied since I was not in notice serving period in march which is the bonus payout month & if something went wrong in the computation I am also entitled to get the same.

2) We also entitled to receive certain client bonus on completion of 1 yr of service with the client which I already completed on 19 april(Resigned on 1st april). This client bonus is covered by the agreement with the client & not as per organization policy. There is nothing in the agreement so far as I know that it can be denied if a person tenders the resignation notice. It simply states it is to be paid on completion of 1 year with the client which I already completed but the same also has been denied to me.

Please advice me how to proceed further on this since I don't have much funds to proceed further on this & I am bound by the arbitration agreement with the employer.


Asked on 6/28/15, 2:17 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

30.06.2015

Dear Sir / Madam,

Since the date of your resignation is prior to your completion of a year for entitlement of client bonus, please again refer to the specific terms and conditions regarding Payment of Bonus in your Appointment Letter and the Internal Circulars of the Company as regards Bonus policy, reconfirm that there is a short bonus payment to you, and thereafter decide on the follow up action with the Company.

Regards,

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Answered on 6/30/15, 7:21 am


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