Legal Question in Business Law in India
Hi. I am employed with a global management consulting firm. I am putting in my papers and moving to a different organization. The challenge is my current organization may refuse to pay me the performance bonus for CY2012, citing that bonus payments have been delayed to March end 2013, and I would not be on the rolls by then. Is there any way I can get the money due to me (as I have worked the entire last year for the bonus). Please let me know. Thanks
4 Answers from Attorneys
Can you scan your appointment letter for me to advice you ? .....................Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
Firstly the bonus is given for the year which one has worked, and generally cannot have any bearings on the date of payment.
Still, one needs to see your appointment letter, if it stipulates any adverse conditions or not; one needs to identify.
21.02.2013
Dear Sir / Madam,
(Chakkarpur, Gurgaon, Haryana)
Terms and conditions of appointment usually state that -
"Bonus or performance incentives, if any declared by the Company will be paid to only those employees who are in the service of the Company as on the date of declaration of the bonus or performance incentive"
You will be entitled to receive it only if you are on the rolls of the Company then.
If there is no such mention in your appointment letter, the Company may grant the bonus to you, even though you left the organization. You should put your request to the HR Department in writing to pay you the bonus or performance incentive for the year you worked.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
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