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Harsh   08 August 2017

Policy deviation by employer

Dear Sir, I have worked in one company for almost 5 years. I left the company on 24th March 2017 by serving the notice period as per company policy. There is one policy called performance pay(PP). PP is very subs part of the salary in this company. As per PP policy if employee is not on company payroll as on 31st March then employees is eligible for PP as per last performance rating ( which is A in my case). However company is not giving the performance pay on the ground I was covered under the appraisal process and I am rated D, so no PP. That means company is deviating it's own policy. Please guide can I file a case against the company for this deviation?


Learning

 4 Replies

kameswarao S (Head HR)     08 August 2017

Dear Mr.Harsh,

In general no organization will pay Performance bonus for the employees' whose performance is below the normal rating and that will be clearly mentioned in the Performance related document or a specific note your appointment / increment / Performance pay related document. As per your communication your organization doesn't have such document / note / specific mention, if it so then the company need to clear your Performance Bonus.

Performance bonus should be over and above your normal wage which is to be linked the performance of the employee / unit / department & the organization ie., in case the individual / department / unit / organization doesn't met the set targets then the employee is not eligible for Performance Pay hence please check thoroughly and also check with your colleagues who are in the D category and proceed further.

Thanks

Kameswarao


(Guest)

Any purposeful opinion can be made only after examination of the company's policy document on PP.

 

Harsh   08 August 2017

Dear Sir, I am clarifying the policy here.

The employee who are not on payroll of the company as on 31st March 2017 will get the PP as per last year performance rating. This is the contents of policy.( which is A in my case).

I left the company as on 24th March 2017, so I am eligible for PP as per my last year rating.

But the company is acting deviating the above policy and not giving me the PP.

I wanted to know can I file a case against the company for above deviation?

(Guest)

In the absence of the policy document, when you insist on your on contention, you can claim PP legally. Otherwise, misinterpretation of clause of the policy cannot be overruled.

 


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