Hello Sir's,
I recently quited from an IT organization (pvt org having 150 employees) of Gurgaon after serving 4.5 years as a Team Lead. My track record and performance has always been upto the mark and thus company gave me different challenging roles during these years. Now, that I am no more working with the organization, they are not paying me some of the amount (am not sure what laws say). As per their salary structure there are certain components which they have framed under "Annual Benefits" for instance LTA, Team Lead Incentive, Long Term Incentive etc. Apart from this there is an Incentive worth 50K which, as written in the appraisal letter given to me, states that it would be paid after 4th and 8th month upon demonstration of satisfactory performance.
Now, after having email communication about why these were not paid, i have been replied that -
1. Team Lead Incentive: As you know, this is an yearly incentive and paid every year upon completion of the required tenure only.
2. Leave Travel Allowance: As above
3. Incentive: The first part of Rs X is payable to you in anticipation of leading, managing and driving the initiatives successfully but the remaining RsY could not be paid as there was no demonstration of satisfactory progress in the audits and its necessary compliance.
4. Long Term Incentive: As you know, this is a three yearly incentive but becomes an yearly incentive after the completion of 3rd year of service.
Questions:
1. All these components are part of my CTC and should be paid to me. If not annually, calculations should be done on Prorata basis (I left the company in 9th month). Isnt it?
2. Team Lead Incentive: How can a company deny although I have been working on the same role? If I served for 8+ months that doesnt mean that I was working as a fresher. Shouldnt calculations be done on prorata basis?
3. Same is the case with LTA & Long Term Incentive policy. Shouldnt it? Please note that the reply starts from "As you now" and neither I know these terms and conditions nor there is any written policy signed by me which states so.
4. Incentive: I left the company in the 9th month and my appraisal letter says that i should be paid the Rs Y amount after completion of 8 months. Because the company doesnt wants to pay the allegation has been made for unsatisfactory performance. How can one conclude this when there has not been any verbal or written communications when i was serving. Just by saying so can a company deny paying my hard earned money?
As far as I am aware there should be written policies if there are certain terms & condition and they should be duly signed by the employee. If not, then a company can say anything and deny paying an employee any moment by making false allegations. Every part of a CTC is hard earned money of an employee unless there are certain terms/policies specified and signed.
Please correct me if I am wrong.
Many Thanks,
Jai
