Hi... My friend has just quit from a reputed organisation based out of Bangalore in March 2011, and this is regarding her full and final settlement from the company.
1. Her offer letter, which speaks of the "Terms of Employment", terms that the Variable pay is paid "Quarterly"
2. The Variable pay policy, says that an employee is paid the variable pay, only if he is on roles of the company, when the variable pay is announced.
The above 2, are contradictory in nature, and she has not been paid with the complete variable pay for Q3-2010. The above two points are completely contradicting in nature.
My questions are:
1. Can she file for a recovery of variable pay that is entitled to her?
2. Under what provisions of the law, can the matter be filed?
3. She only has e-mail conversations with the HR representative, and will this hold good as evidence?
4. Will a law suit cause any career issues to her?
5. What should be the procedure adopted to file a suit?