half of the dec;lared performance bonus not paid br employer

Querist : Anonymous (Querist) 24 September 2010 This query is : Resolved
Hi,
WRT an employee:
(i) Employer declared preformance bonus for previous financialyear for which the employee has woeked full year and he is also given half of declared bonus in April when he is on pay role of company.

(ii)@ Company, half declared bonus shall be paid in October if one is on the pay role of the company.

(iii)Please let me know if comppany is right in forfeting the half of declared bonus if employee is not on pay roll of yhe company.

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Ajay Bansal (Expert) 25 September 2010
YES.

s.subramanian (Expert) 25 September 2010
No. it is wrong. Since it relates to the performance for the previous financial year,it becomes payable to the employee whether he continues with the employer in the present year or not. It becomes an amount lawfully due to the past employer. It cannot be forfeited at all. Such a forfeiture is illegal and erroneous. The affected past employee has the right to approach the court of law for the recovery of the same.

Kirti Kar Tripathi (Expert) 26 September 2010
No. the opinion of Mr. Subramaniam is correct. I fully agree with him.

Raj Kumar Makkad (Expert) 27 September 2010
I concur with Subramanian.

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