Case against genpact
meg
(Querist) 30 April 2015
This query is : Resolved
Hi all,I have worked with Genpact for close to 2.5 years and decided to resign on 31st March 2015 after receiving my annual bonus for 2014 on 31st March.I agreed to serve the required notice period and everything seemed hunky dory until today where I did not get my Apr'15 salary because Genpact has decided to reverse my bonus payout claiming that I resigned on 31st march and that is their policy.I did go through the onl available document related to this which is my bonus letter and it states that if an employee resigns BEFORE 31st March he is not eligible for Bonus,but does not state "ON OR BEFORE 31ST" can anything be done about this please help as Im not sure how to proceed further.
Devajyoti Barman
(Expert) 30 April 2015
You can take this clause to your benefit and send them a legal notice asking for your dues. In default you can seek legal recourse but I must inform that the litigation will cause more money than what you are entitled to.
Devajyoti Barman
(Expert) 30 April 2015
You can take this clause to your benefit and send them a legal notice asking for your dues. In default you can seek legal recourse but I must inform that the litigation will cause more money than what you are entitled to.
Rajendra K Goyal
(Expert) 01 May 2015
The company has acted by defining clause in their favor. Send legal notice for your claim.
meg
(Querist) 01 May 2015
Rajendra and Devajyoti thank you so much for your response.I have been having anxiety attacks all night yesterday and felt there was no way out.I understand I may have to pay from my pocket to deal with this but I feel its important to raise my voice againt injustice.can any one of you tell me what should I do to send them a legal notice ,what are the steps involved and also what should the legal notice say.
Ever grateful for your response.
Kumar Doab
(Expert) 01 May 2015
Before 31st March should mean by the close of office hours on 30th March/before start of office hours on 31st March...........
Decline to accept the FnF statement.
Demand to supply the FnF statement.
If you do not get releif from HR escalate to good offices of appointing authority,MD,Chairman and thereafter approach Employee's?trade unions leaders,and thru your labor law consultant/Service matters Lawyer/Law firm...................the lawful authority,appropriate forum.
T. Kalaiselvan, Advocate
(Expert) 04 May 2015
The bonus eligibility will be generally for the financial year ended, the financial year is from 01 April to 31st March next year. The legal recourse, in my opinion may not fetch any fruitful result, however try your luck by interpreting the meaning as suggested by experts above.
meg
(Querist) 05 May 2015
Jeevan ,I'm from Hyderabad,please suggest any good lawyer from hyd.@Kalaiselvan what do u mean 01st April to 31st March next year...I'm talking about my bonus for 2014 which was paid to me on 31st March 2015,post which I resigned on the same day.Please elaborate,and thank you so much for responding!
Kumar Doab
(Expert) 05 May 2015
You have not resigned till 31March and have only submitted notice and affirmed to serve notice period.
Your date of resignation is expiry of notice period.
Employee can lodge the complaint the momment payment of earned wages is delayed even if by a day from usual pay day.
If good offices also do not provide relief you may approach Inspector appointed under Payment of Wages Act,Shops and Estb Act and others as already posted.
T. Kalaiselvan, Advocate
(Expert) 05 May 2015
The usual practice to assess the bonus will depend upon the performance of the company during the financial year, hence. As rightly pointed by expert Mr. Kumar Doab, you have given notice to resign on 31.-3.2015 hence you are very much employed beyond that date too until the expiry of the notice period and actually relieved from duties. Therefore in any case you are entitled for the declared bonus, you can initiate the legal process against the management's decision to recover the bonus already paid.
meg
(Querist) 05 May 2015
Hi thanks Mr Doab and Kalaiselvan thanks so much for ur responses.I will try to speak to good offices and let u knw if I have any further questions
Kumar Doab
(Expert) 05 May 2015
Don't transact verbally with good offices, submit representations/ minutes under proper acknowledgment.
You can post in this thread as long as you want.
However no-one in M/s Genpact may be interested to address the matter from your view point.
IN that case you would need favorable written record (of course under proper acknowledgment).
It shall be appropriate to proceed further under expert advise of a seasoned counsel NOW.........as already suggested above........and let your counsel structure your representations.
Rest is upto you.
malipeddi jaggarao
(Expert) 06 May 2015
I am in Hyderabad Press "Click to Talk" button to contact me. I will help you in drafting the notice.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 03 May 2015
