My ex company not paid me the performance bonus of last year as I left the company even though I served the company for complete financial year but it is paid to current employees. They are saying that, as I have not served the complete notice period I am not eligible for the bonus as per company policy. Out of 45 days of notice period, I served the company for 12 days and remaining days are adjusted with my paid leave balance during my final settlement and I made a exit with approval of HR and HOD. If I send a legal notice to my ex company, what is the chance of getting my bonus amount. Please suggest
In any case, in case they have already charged you for your failure not to observe the notice period for the remaining 33 days, they cannot take this defence for their failure to pay you the bonus.
Take a chance by way of sending a legal notice for the bonus payment admissible to you.
Hello,
If the payment in lieu of the notice period has been deducted by the company against the paid leave balance then you have the right to claim the bonus as per the agreed terms and the company can not deny the same.
File a case in the civil court for the recovery of such arrears due on you.
Contact a local lawyer.
Regards
1)it is necessary to peruse the company bonus policy to advice .
2)as on date you are not serving employee . if it is payable only to current employees you would not be eligible
3) act as per your lawyer advice who has perused clause regarding bonus payment
In this matter you have to give a legal notice.
Good Luck / All the Best
The performance bonus is paid based on the performance to the existing employees. Is there any term for the payment of performance bonus is mentioned in your appointment letter? If yes the you may file a money suit to recover the money due. The company definitely deduct the amount due for the salary in lieu of Notice period.
It depends up on contract between you and your employer
The company's refusal to grant you bonus on this ground is unjustified and against the natural justice.
Since you have paid as compensation in lieu of the notice period, you are deemed to have served the notice period with the company, hence you can make representation to the company's top management against this.
You can plan to send legal demand notice seeking the due to you as bonus.
