Dispute against company for not paying the incentives

You have posted that:

"The Senior manager told us that the reason why the company did not pay the Incentives is because HR department told him that our department's head count was reduced from 50 to 20 and he also says that the Y axis which defines the client's rating for our department was not received. We were not satisfied with his explanation and we approached the HR. HR arranged the meeting with AVP. AVP told us that our department did not meet the KRA due to which the Incentives was not paid. AVP also said that HR informed the same reason to previous manager and Manager did not tell the team that the Incentives will not be paid and blames the Manager who has already left the company and says that he was not aware of the situation. In September 2014 I had sent an email to HR, Manager and also included AVP acknowledging the delay in VIP pay out. I asked the AVP that I sent an email to HR keeping him CC, to which he told us in then meeting that I have to sent an email directly to him if we expect the AVP to take any action on the situation. I have resigned now,"

Incentive is also a fruit of Labor. It is fruit for delivering more than what is expected from wages.In other words incentive is paid for superior work. For usual work wages are paid.

Do you have incentive circular and KRA's and formst that you posted on online portal?

Do you have on any kind of record that "Manager who has already left the company and says that he was not aware of the situation."

Did anyone reply to your email that "In September 2014 I had sent an email to HR, Manager and also included AVP acknowledging the delay in VIP pay out." IF NO it can be deemed acceptance.

Has any FnF statement been issued to you showing incentives and did you accept it?

None of the line managers,HR,AVP is your employer.

Escalate to appointing authority,MD,Chairman.

Unpaid promised payouts are debt on employer.

AVP says that he was not aware that the manager has not informed the team that the Incentives will not be paid.

AVP never gave anything in writing stating that AVP was not aware that the manager has not informed the team that the Incentives will not be paid.

Did anyone reply to your email that "In September 2014 I had sent an email to HR, Manager and also included AVP acknowledging the delay in VIP pay out." IF NO it can be deemed acceptance.

I have lot of emails to look at, I will check all my email and let you know asap. There have been lot of salary issues in this company. This company pays Night Shift Allowance to various departments, but because our team comes under IS segment, we are not eligible to get the Night Shift Allowance even after doing a Night shift.

Has any FnF statement been issued to you showing incentives and did you accept it?

My last day in the company is in the first week of September 2015.I beleive the releiving letter and the experience letter will be issued by November 2015 as this companies takes more than 60 days to complete the F&F settlement.

Please let me know.

Thank you for your valuable help.

You may approach:

Employee’s Unions/Trade Unions e.g: CITU/INTUC/AITUC/BMS etc?

Labor Law Consultant/Service matters Lawyer/Law firm

and they can counsel you ,help you, talk to employer on your behalf and also advise you the forums that you can approach e.g;

Inspector appointed under Shops & Estbs Act, Payment of Wages Act, o/o Labor Commissioner

OR you may settle the matter with employer with your own skills or with the help of your counsels.

You should get hard copies (and soft copies if possible, also) of salary slip of each month,FnF statement, acknowledgment of handover of charge,NOC/NDC,PF a/c slips of each year,ESIC card,Form16 as per correct FnF statement, acceptance of resignation, service certificate,relieving letter,......................etc.

If FnF statement is not correct decline to accept it citing it as incorrect, and demand a correct one again..........................YOu have laready not been paid leave encashment,VIP..............

PF; It shall be better to transfer the PF and keep the a/c regular for atleast 10years. You can submit PF forms thru next employer under proper acknowedgment.

If UIN number has been issued then company may not ask in writing to withdraw.

Hi Kumar,

I have received the hard copy of resgination acceptance letter, relieving letter and experience letter. They have also send the scanned copy of relieving letter and experience letter.

The company has send an attached text file which is said to be the FnF statement. They have not provided the salary slip for October and September months.

I will ask for Form 16 tomorrow as I am visiting the company tomorrow to fill the form for provident fund withdrawal. I will register a greivance right away on epfo India's website after having filled the epf form.

The company has informed that they will pay for leave encashment before November 10, 2015.

The biggest concern is that the company has not paid VIP from April 2014 to August 2015 and now it gives a sad excuse that my rating for Q1 of 2015 was normalized to 2 due to which they did not pay the VIP, where in I have proof that my ratings were 3 and 4 for these 16 months and they were approved by the manager.

Infact the company paid only Rs4000 for Q1 from January 2014 to March 2014. The amount specified as VIP in the appraisal letter is more than Rs7000 per month and the companies has not paid for 16 months.

Thank you for your advise. I will contact you soon for any further proceedings regarding VIP.

Hi Kumar,

I have been unemployed for more than 2 months and I will visit the company tomorrow to fill the pf form and the company has asked me to carry a cancelled cheque which has the branch name of the bank and my name on it, a pan card copy and 2 revenue stamps. Do I need to provide the pan card copy and should I fill form 19 to withdraw the epf. I have emailed them requesting for the salary slips and the form 16 as well.

After filling the epf form tomorrow, I will register the grievance on epf india website and once I receive the acknowledgement from epf india, I will take the next step to claim the VIP.

I have visited the company and they have provided the salary slip for June and July, but no salary slip for August and September. They gave me a F&F Statement which includes the salary details of August and September 2015.

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