Non payment of annual bonus with full & final settlement
Rochak Srivastava
(Querist) 28 June 2015
This query is : Resolved
Dear Sir,
I would like to draw your kind attention towards an issue under which I went while I was working with Kotak BankLtd in bullet points.
· I joined bank on 1st May 2013 where in offer letter it was mentioned that in case I do not complete IRDA certificate and NSDL certificate my confirmation would not be done and an amount of 1 lakh INR as part of confirmation bonus would not be released.
· I did my IRDA in August 2013 itself.
· I asked my immediate supervisor Mr Rohit Kapoor in November 2013 that had my services been confirmed, he said yes to me on which I wrote a mail to HR RM Mr Gaurav Uppal in December to kindly release my confirmation bonus of 1 lakh under assumption that my probation period is over as confirmed by my supervisor.
· Mr Gaurav Uppal did not find time in replying the mail ( I have mail records) and on my many reminders, he called me in Feb 2014 stating that since my NSDL is pending my confirmation is due and it would not be released. I said ok, when I will do it I will write back so that amount can be released.
· In mid May 2014 appraisal ratings and annual bonus were declared and my ratings were not displayed in system. I wrote to Gaurav Uppal on mail, on which he replied contact your supervisor. On the day it was declared my new super boss Mr Harit Johri visited branch and I asked the same, he adviced me abount my annual appraisal, increment of 75K and annual bonus of 1 lakh, and told me that since I have not done my NSDL certificate it has been put on hold. I enquired him, that no such official mail has come stating that increment/bonus would be on hold and same was not mentioned on offer letter.
· But it was of no use, as it was neither released nor any official communication was send.
· In August 2014 I got mail stating my salary was on hold for non completion of NSDL certificate, on which I wrote to new HR RM Mr Ashish Talwar, who discussed with other departments and got it released. Again I got mail in mid September 2014 stating that my salary is on hold as I have not done NSDL certificate.
· I wrote back again that I have taken test date for 29th September 2014 as that is the only available date for test and requested to release salary. But it was of no use.
· Finally I decided to leave the organization as found no reason to stay where in HR is not ready even to reply on my 7 mails asking under which clause or proposition my salary has been put on hold. Where in offer letter it was mentioned that salary would be put on hold. Which law under various government act allows organization to hold salary of the person who has worked and marked attendance for full month.
· My last working day in the organization was 29th November 2014.
· With my full and final my September/October and November months salaries were released along with leave encashment.
· My increment amount and annual bonus of 1 lakh is yet to be released.
My questions
· Under which clause/section/rule my salary were put on hold.
· If there were any such rules, then why hold salary was released along with full and final. Bank should have not released that too.
· If it was released then why my increment amount was not released.
· Why organization is not releasing my annual bonus amount of 1 lakh which was for 2013-2014 work not for any other affair. It has nothing to do wth NSDL.
Seek your kind assistance in order to
in order to understand how to pursue the case further in order to get my pending bonus released.
Regards
Rochak Srivastava
P. Venu
(Expert) 29 June 2015
No organisation entitled to hide and seek with its employees for payment of emoluments they have earned. Now that you are no longer with the organisation, you may go for a legal action.
Rajendra K Goyal
(Expert) 29 June 2015
In private organisations it is general to adopt such pressure tactics.
They have released your salary, you have resigned / relieved, you can ask for interest on delayed payment.
You have not completed NSDL which was condition for bonus, company was justified for not paying the same. Annual increment if not associated with performance / training also may not be released.
Kumar Doab
(Expert) 29 June 2015
You have posted that:
----“I joined bank on 1st May 2013 where in offer letter it was mentioned that in case I do not complete IRDA certificate and NSDL certificate my confirmation would not be done and an amount of 1 lakh INR as part of confirmation bonus would not be released.”
“Why organization is not releasing my annual bonus amount of 1 lakh which was for 2013-2014 work not for any other affair. It has nothing to do wth NSDL.”
You have an answer in your own post itself.
The increment/bonus associated with confirmation would be released with confirmation of service.
----“ I did my IRDA in August 2013 itself.”
“Mr Gaurav Uppal did not find time in replying the mail ( I have mail records) and on my many reminders, he called me in Feb 2014 stating that since my NSDL is pending my confirmation is due and it would not be released. I said ok, when I will do it I will write back so that amount can be released.”
“I said ok, when I will do it I will write back so that amount can be released.”
For IRDA certification the candidate has to recommended/sponsored by employer/insurer! Isn’t it? If you check you will find that you were sponsored by employer bank and your fee should have also been paid by Bank.
Likewise you may check if you were to be sponsored by Bank?
Did the bank sent you, reminders/calendar for enlistment?
The concerned HR personnel avoided to write but might have inserted notes/notings in your personnel file that you were replied in office…………………………VERBALLY.
However the email record can still be in your favor.
You may demand to show you/let you examine the personnel file, service card.
----“ In mid May 2014 appraisal ratings and annual bonus were declared and my ratings were not displayed in system. I wrote to Gaurav Uppal on mail, on which he replied contact your supervisor.”
As per existing policy who was the authority to conduct your appraisal and his next and so on.
All bosses are under sworn duty to conduct and complete the appraisal in time.
Appraisal can be for probationer also.
The annual increment can be for probationer also.
If increment is inserted in appointment letter, HR policy, service rules and regulations etc then you are entitled for it and employer and line managers, HR are duty bound to conduct appraisal for increment.
Here you may not unnecessarily link increment with annual bonus.
----“ I enquired him, that no such official mail has come stating that increment/bonus would be on hold and same was not mentioned on offer letter.”
“n mid May 2014 appraisal ratings and annual bonus were declared and my ratings were not displayed in system.”
The company’s line management/HR avoided to give anything to you in writing.
----“Finally I decided to leave the organization as found no reason to stay where in HR is not ready even to reply on my 7 mails asking under which clause or proposition my salary has been put on hold. Where in offer letter it was mentioned that salary would be put on hold.”
Salary can not be withheld.
Employer can lodge complaint the moment payment of earned wages is delayed even if by a day and employer can be penalized say Rs7500/instance.
Did you get salary slip of each month? What was the date shown on salary slip?
If you were forced to leave by withholding salary it may amount to Termination, unfair practices etc!
-----“ If there were any such rules, then why hold salary was released along with full and final. Bank should have not released that too.”
Bank pushed you to separate by resignation and you succumbed to pressure and resigned………………….and made their job easy.
Did you mention any reason for separation in resignation? If yes What was it?
-----“ Why organization is not releasing my annual bonus amount of 1 lakh which was for 2013-2014 work not for any other affair. It has nothing to do wth NSDL.”
You have yourself posted that :
“in offer letter it was mentioned that in case I do not complete IRDA certificate and NSDL certificate my confirmation would not be done and an amount of 1 lakh INR as part of confirmation bonus would not be released.”
What was your designation and nature of duties?
Are you a member of any employee’s/trade unions?
Approach your union leaders and Labor Law Consultant/Service matters lawyer/Law firm and show all docs on record and give inputs in person to understand the merits and remedies.
shyam ji srivastava
(Expert) 30 June 2015
Dear Rochak
Some time back i was legal consultant of kotak in kanpur and mr. Kapoor was there. He has avoided to release my feethen i wrote to managment of bank then i recd my fee.
Plz tell me in which city u r?
Shyam Ji Srivastava
Advocate
Kanpur
9839028040
