Bonus and full and final settelment

While posting such queries employee should post basic information!

What is this establishment; GOvt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

The notice period, notice pay, rate of notice pay, leaves, leave encashment, rate of leave encashment is part of service conditions and governed by various enactments applicable to establishment, employee, employer….

e.g; (name of state) Shops & Estbs Act…and rules framed under the Act {Contract of employment unlike other contract should provide equitable discretions. This enactment may not provide for any notice period for employee but may provide for employer and may be say;30days …SO by equitable discretion notice period for employee may be 30days . i..e person that is covered by the def. of ‘Employee’ as in the Act.}

Payment of Wages Act {This enactment does not discriminate between Workman, Non Workman and by def. of wages may cover any employee.}

ID Act { This enactment is applicable to Workman as defined in the Act and does not lay down any notice period for workman but for employer in case of retrenchment.}

Standing Orders; Certified/ Model; Standing orders are certified on the lines of Model Standing Orders. May provide for notice period max. upto 30days.

The private policy of the establishment can provide for superior benefits but not inferior.. than applicable enactments….

If the employee is covered by enactments then 90 days notice period may not be necessarily applicable to employee and rate of notice pay may be last drawn wages and so be the leave encashment..

If the employee is not covered by enactments then IT might be as per service conditions in appointment letter/contract of employment….and establishment/attorney’s of employer/employer must not attempt to tilt the balance of convenience and/or private interpretation towards employer and be rational and transparent and truthful..

In FnF statement the establishment may compute the earned wages, statutory bonus (as per Payment of Bonus Act), performance bonus (as per policy), leave encashment (as per applicable enactments/policy), incentives (as per policy), Reimbursements, OT, Gratuity etc etc and adjust notice pay (as per applicable enactments/policy ) and arrive at final payables..

All mentioned enactments should be available of dept. of Labor website of the state..

e.g;

https://hrylabour.gov.in/

https://hrylabour.gov.in/content/labour_laws

https://jklabouremp.nic.in/acts.html

Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service  matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP, employee’s/trade union leaders and proceed in best of your interest.. ASAP.

For such counsels; Check at LOCAL Labor court/CGIT, CAT, School-Educational Tribunal, O/o Controlling Authority of Gratuity, Civil Courts, HC,SC……..

There are many threads on similar query that you can search in search option….and also in Articles, Files…

e.g; Articles under my profile;

Employee is Entitled to Interest if Payment of Salary is Delayed !

Even a supervisor and irrespective of the salary is a workman

Same Query;

https://www.lawyersclubindia.com/forum/Bonus-eligiblity-177845.asp