Arun Gupta (Sr. Consultant) 05 March 2014

Hcl did pay full salary, need to initiate a legal action

I need to understand if I can initiate a legal proceedings against the non payment of a salary component from HCL Technologies.

HCL has a component Performance Bonus as a part of the salary structure. Its 8% of the Total salary.

As the name states the component is paid based on the ratings we get during our year end appraisal.

The cycle for the evaluation(Performance) is July to June.

When the appraisal started, we need to gather feedback from our leadership team, I had very good ratings from them. All the feedbacks are captured in HCL portal.

I have the screenshot for all this feedbacks. And few mails from the leaders on my performance for this cycle.

I resigned from HCL in the month of July. After my resignation they did not pay my performance bonus in the regular cycle. On question they said, the Bonus will be paid in the full and final settlement.

But when it was not paid in my full and final settlement, they said my rating in the appraisal is very poor, so they did not pay the bonus.

In the previous appraisal cycle I was rated Outstanding i.e. 1.

My Questions:

1. Why did they realized my poor performance only after I left the organisation. Do they have any mail in communication stating my performance improvement prior to my resignation.

2. How did a consultant rated top by the leadership can underperform the very next cycle.

3. What is the value of the feedback we receive from the same ledership team on the mails and the HCL portal.

This is not something happened to me, this happens to everyone who reasign during this period.

Guide if I can initaite legal action against HCL. Please reach me at 9972463918, or mail your response to nura06@gmail.com

Regards,

Arun

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1 Replies

Kumar Doab (FIN) 05 March 2014

It is felt that the query by you and response by HR is all verbal and not in writing. Was it in writing/

Did the company issue FNF statement for verification and acceptance by you?

Did you accept the FNF statement in writing?

Even if the response of HR was verbal you could have minuted the discussion in representation to good offices of appointing authority, MD, Chairman and thus made them a party.

Probably the HR is bound to act in this manner as per employer’s policy for HR and directions issued to it.

All affected employees have erred by remaining entangled with HR that too in verbal discussions.

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, appraisal policy, Ratings, Appraisal matrix, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations,…………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.

Employee can approach:

----Employees Unions : There are employees unions of IT/ITeS employees and they have done good job.

--- Trade Unions e.g; CITU, AITUC, INTUC ............................

The trade unions are willing to embrace IT/ITeS employees and they are very effective too.

--- Inspector under (Name of your state) Shops and Commercial Establishments Act, If it is commercial establishment.

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act.

If the employer makes false entries it is offence.

--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.

--- O/o Labor Commissioner

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

You may proceed under the expert advice of your lawyer.