LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pankaj (software engineer )     27 November 2013

Full and final settlement amount (bonus and incentive)

Hello Everyone,

 

I'm working in IT company, Recently joined new IT organization after staying 5 year's in old organization, In old organization my bonus and performance incentive amount is stuck. I have left old organization on 12 Aug 2013. It's almost 3 and half month. Following are details of amount.

1. Bonus Amount for financial year Apr-2011 To Mar-2012. (B Part of CTC)

 

2. Bonus Amount for financial year Apr-2012 To Mar-2013. (B Part of CTC)

 

3. Performance Incentive for Jan-2012 to Mar-2012 and Apr-2012 to Jun-2012 Quarterly basis. Received a mail from Management person. (B OR C Part of CTC)

 

4. Performance Incentive July-2012 To July-2013 (Not received any mail) (B OR C Part of CTC)

 

These are the details of my unpaid amount.

 

I have a written a mail to accounts department about my Full and final settlement mentioned the above details. Now I have received a following reply.

 

"W.r.t bonus, We will definitely keep your point in mind w.r.t. bonus for 2011-12 and 2012-13" "W.r.t. performance incentives, Organization has been following the policy of releasing only to staff who are present on the rolls at the time of disbursal; this means that even if you were on the rolls at the time of announcement, you will not be eligible unless you are on the rolls when the amount is actually disbursed. Accordingly, you are no longer eligible for the incentives as and when disbursed. "

 

As old Organization was going through some financial crisis, so they didn't paid above mentioned amount in the respective year, Also one important thing is "they had never declared that amount of bonus or performance incentive is canceled". Above mentioned amount is not yet been paid any any employee from organization.

 

Is their anything that i will be able to get my unpaid amount? As i have to reply to old organization account department, so what should i reply. i need your assistance.



Learning

 5 Replies

Kumar Doab (FIN)     27 November 2013

The amounts mentioned in CTC should be paid. It is contractual Obligation on employer.

If it is Statutory bonus it should be paid by 30th Nov or company and employer can be penalized.

 

If you have been in period of performance incentive and performed as per performance clauses it should be paid.

 

As per Payment of Wages Act : Sec2

 Def: 3*[(vi) "wages" means all...........................................

(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 are also eligible for Gratuity and if employer has not supplied the Notice of determination of gratuity it is default and you shall e eligible for interest @ 10%/pa. You may demand copy of notice ad also submit FormI by redg. post.

 

 

An employee can approach the forum for redressal of grievance as per coverage by enactments e.g;

 

 

---Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm).

 

----Inspector under SHOPS AND COMMERCIAL ESTABLISHMENTS ACT

One of the jobs of the Inspector is to ensure that wages are paid in time.

 

 

 

 

---Trade Unions; the trade unions are sensitive to such matters.

 

---Lawyer/law firm

 

---Civil Court for recovery

 

 

 

Pooja Hegde R. (Advocate)     27 November 2013

Dear Pankaj, May I know where you are located and where this company is located? If you are from any part of Karnataka then you could call 8892562298 for help.

Pooja Hegde R. (Advocate)     27 November 2013

Dear Pankaj, May I know where you are located and where this company is located? If you are from any part of Karnataka then you could call 8892562298 for help.

Pankaj (software engineer )     27 November 2013

Thanks for reply.

 

Does Payment of Wages Act and statutory bonus Act is applicable to IT industry.? As labour law is not applicable to IT industry. Correct me If I'm wrong.  Does company have any clauses that can stop/skip payment of bonus and performance incentive from full and final settlement.   

Do i'm eligible for performance incentive amount, As my monthly intake is more than Rs. 18,000?

Kumar Doab (FIN)     28 November 2013

Which industry or which establishment including IT, is out of purview of labor Laws or the law of the land?

 

Who has stated or published that law of the land, labor laws are not applicable to IT industry?

 

Is such a statement on record or is there any evidence that shows and proves a person has made such a statement?

 

Such view of the person making such statement in a company to its employees indicates the citizens and employees in India can be made to believe anything.

 

IT industry is very much under law of the land and labor laws and Acts quoted by you are applicable to the IT industry.

 

You must consult elders in the family, competent and experienced well wishers and colleagues, IT employees unions, Trade unions, lawyer/law firm, officials in the nearest o/o Labor Commissioner and update yourself.

 

A properly informed employee can defend his interest in much better manner.

 

 

The legitimate amounts due to employee can not evaded by employer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register