I have one query. I searched entire google but not found a single answer for that.
This might help lakhs of our IT employees group as this is very unique and crucial query.
In indian IT companies which follows Fixed + Variable pay. The structure is OK.
But the problem is when the companies say that the Variable pay will be paid only if the employee is on companies roll on the "Date of payment of the variable pay"... Most of the companies pay it annualy.
Due to this companies saves crores of rupees and employees looses the same, every year.
Employee works so hard all time and looses the big amount of variable pay as an indirect compensation for his/her resignation from company.
For example if in a financial year an employee is Relieved say a Month or a week before the variable payout date at the end of the year, then he/she is not even paid for the 11 month... even if the ratings of that employee are good... even if the last working day of employee is 1-2 days before payment of variable pay then also he/she is not paid that....
So is this logically and legally correct? Hard work is nothing? Company can make rules which just give benefits to the company alone? Compant says that the offer letter mentioned the rule.. and employee signed the offer...
This is wrong... the employee should get the Proprtionate variable pay whether he/she is on roll or not on the variable payment date.
Does signing offer which states this, so will that written on offer makes it legal?
I don't think that just signing offer makes everything written in offer legal viable and true... if this was the case then there will be no court cases at all.
I wanted to know what can be the stand as per indian laws like industrial dispute act, wages atc etc... and is there any case like filed or decided in any court of india?
Please give your opinion and reference of any section of any relevant laws of india which applies to this.
