Payment of bonus denied by employer
Durga chatterjee
(Querist) 09 May 2013
This query is : Resolved
Dear Sir,
When i was offered employment in my company with an offer letter, the Offer letter part where Salary offered has one of the sentence stating that "Performance pay (Based on exceeding KRA's)-Payable annually for the period of April 2012 to March 2013 on prorate basis upto 10% of CTC.
Above this sentence one more sentence is mentioned that is "Performance pay component will not be in effect till March 2013".
I have resigned from the company of 7th March and serving two month notice period but as the company wants me to extend my notice period for few more days i will be working till 21st May 2013.
I have joined the company on 11th June 2012 so 20 days short i have completed an year.
I would like your help on how can i claim my performance bonus from company and what should i do to get the same as it is a amount i cannot afford to loose.
Please Help
Durga Chatterjee
Devajyoti Barman
(Expert) 09 May 2013
Only civil remedy lies for this action fr which you need to file civil suit for recovery of money.
Kumar Doab
(Expert) 09 May 2013
Mr. Burman has given valuable advice. Kindly follow it.
Both the statements mentioned by you are apparently contradictory. Benefit of the situation favorable to the employee may be staked and claimed.
If you have exceeded KRA’s you may stake a claim in writing and demand reply in writing.
If workable and possible attempt may be made under
THE PAYMENT OF WAGES ACT, 1936 (applicable to employees drawing wages up to Rs.18000/pm as per def. of wages in the Act).
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;
Valuable advice of learned experts is sought.
