You have posted that” and my letter won't be released as I'm not on company rolls(I'm now serving the notice period of 3months).”
Notice period is counted in service. So the statement of HR that during notice period you are not on rolls is wrong. Has the company stated so in writing?
Has the company stopped paying salary/wages from the day you have service notice of resignation?
Usually appraisal and resultant increment letter is supplied by end of appraisal period say April and rewards are disbursed say by May. You have resigned on mat 31st.On which date the performance bonus is released to other employees. You have been subjected to indiscrimination by your boss and next boss. Why should be penalized by blocking your much awaited appraisal letter? If at all bosses are to be penalized company should recover your loss from them and pay you. HR is in this practice to deny a written document which shall entitle you for reward. You may show your offer letter, appointment letter, CTC sheet, employee rule book/service rules, standing orders, performance bonus circular/letter explaining terms and conditions, Tgt vs performance record to a competent and experienced service lawyer, and give inputs in person.
Another employee had initiated an interesting thread :
https://www.lawyersclubindia.com/forum/Re-Not-paying-variable-component-to-employees-in-notice-period-58798.asp
at the following link:
Law on Negative Covenanats in Employment Contract
· Are Increments automatic or linked to performance? Incentives
and Performance linked payments: Stoppage of increment is considered a
punishment and unless the appointment letter is clear that increments are not
automatic and will be dependent on performance, non-payment of the
wages/components can be contested. In some companies, parts of the monies are
realisable only on accomplishment of performance targets. These Incentive
Schemes are poorly drafted, and leave a lot of scope for dispute, and particularly at
the time of resignation, they create a lot of problems for the company. Employees
also claim incentive payments for the period they have worked and these claims
have merit as the pay structure has been worked out in such a manner that it is
performance linked. Individuals who have performed and achieved targets, for
which some payments are due, claim the payment as per the company
announcements.
However, just because the employee has quit the employment, the company denies
the payment and puts the individual through hardships. These payments can be
realised with costs, but the company hopes that the individual will not file a case in
court and incur additional expenses to claim some benefits. One person filing a
claim emboldens others.
Incentive Bonus is not part of Wages
· Are Increments automatic or linked to performance? Incentives
and Performance linked payments:
Employees also claim incentive payments for the period they have worked and these claims
have merit as the pay structure has been worked out in such a manner that it is
performance linked.
