Such matters are best resolved by applying rapport, goodwill and exceptional levels of persuasion, persistence, negotiation, reasoning skills while in employment.
Kindly consult elders in the family, competent and experienced well wishers, labor consultant, lawyer/law firm specializing in service matters and proceed under expert advice.
Some employees by the nature of their position, proximity to sensitive information,or rapport acquire some kind of handle on employer. If you have such a handle you may apply it and resolve the situation in your favor.
You have posted that:
--“they have mentioned is "Incentive as per company policy and performance of individual" in offer letter.”
The incentive and company policy is stated in offer letter/appointment letter.
The policy should be well defined, kept in knowledge domain of the employees and circulated to employees by effective means of communication e.g. email, redg. post…..
Since it is stated in offer letter/appointment letter you should submit a representation under acknowledgment to good offices of company personnel who has signed the offer letter/appointment letter and stake a claim to amount of Rs.10000/pm or Rs1.20 Lac/pa for each year of your service.
You should maintain that the targets were assigned and achieved by you.
You alone shall have to see how would you manage it.If the compnay states no targets were ever issued hence no incentive is paybale then how would you manage it?
THE PAYMENT OF WAGES ACT, 1936
2. Definitions.-
3*[(vi) "wages" means
(c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
You may write to good offices of your appointing authority, MD, Chairman with a copy to Head-HR and request to supply you the certified copy of standing orders if these are framed or model standing orders as applicable to the company and affirm to pay the amount of payment fixed by company and also service rule book for employees, HR policy, severance policy, incentive policy, incentive circular,exit policy etc…..
You may also add that company should affirm in writing if no standing orders are applicable to it and your designation and you may proceed as per reply of the bank or if bank maintains a studied silence.
IESO Act applies to a company to which Payment of Wages Act applies.
Model Standing Orders:
11. Payment of wages.--, 13. Termination of employment, 15. Complaints, 17. Liability of 17[employer, 18. Exhibition of standing orders.—
Your company might be covered under SE Act and bank should display act near entry/gate on notice board (check and confirm).
e.g. SE Act Delhi:
19. TIME AND CONDITIONS OF PAYMENT OF WAGES.
20. DEDUCTIONS WHICH MAY BE MADE FROM WAGES.
21. CLAIMS RELATING TO WAGES
41. WILFULLY MAKING FALSE ENTRIES
IESO Act, Model Standing Orders, SE Act may be available at the Dept. of Labor website of your state or the latest version can be bought from the market.
It shall be appropriate to show the standing orders, appointment letter and all other relevant docs, email, records etc. to a competent and experienced labor consultant/service lawyer specializing in such matters, and proceed under expert advice of your lawyer.
Designation alone does not decide employee is a workman or not. Your lawyer may ask you a set of structured questions and may opine that you fall within the category of workman or you may get some relief under SE Act/IESO Act/ID Act or you may have to agitate in civil court.
