• Regarding performance pay settlement on full and final

Hi,
 
I am working in a company last 11.5 years , recently I submitted my resignation .
As per my employment contract in my CTC 15% of pay included as performance pay annually and a fixed amount is shown in CTC working . Till June 2019 company policy was at the time of resignation they will settle the performance incentive on pro rata basis . recently on end July they released a mail stating that performance incentive will be paid only to those employees who are in payroll at the time of disbursement of incentive .
I need advice and mail draft on this matter . Is company can change CTC related policy one sided ? can I claim the incentive from the company ? every mid year there will be an performance evaluation and same evaluation for me is completed and rated my performance too .
 
please give proper advice
Asked 6 years ago in Labour

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10 Answers

Dear Sir,

The amounts mentioned in CTC should be paid. It is contractual Obligation on employer.

If it is Statutory bonus it should be paid by 30th Nov or company and employer can be penalized.

 

If you have been in period of performance incentive and performed as per performance clauses it should be paid.

 

As per Payment of Wages Act : Sec2

 Def: 3*[(vi) "wages" means all...........................................

(c) any additional remuneration payable under

the terms of employment (whether called a bonus or

by any other name);

(d) any sum which by reason of the

termination of employment of the person employed

is payable under any law, contract or instrument

which provides for the payment of such sum,

whether with or without deductions, but does not

provide for the time within which the payment is

to be made;

 

You are also eligible for Gratuity and if employer has not supplied the Notice of determination of gratuity it is default and you shall e eligible for interest @ 10%/pa. You may demand copy of notice ad also submit FormI by redg. post.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

company cannot terms of contract unilaterally 

 

2) as per terms of your appointment letter 15% of pay  is  included as performance pay

 

3)you are entitled to performance incentive on pro  rata basis 

 

 

Ajay Sethi
Advocate, Mumbai
99866 Answers
8148 Consultations

This is prerogative of company to amend polices but any change in individual contract shall be bilateral, if not agreed to employee , can terminate the contract.

Neither such amendments can be retrospective, hence appraisal already done before modification in policy shall be payable. 

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

No , company can't change policy in.middle and you have full rights as you have rendered your 11.5 years services to company's growth.

So you're eligible for getting performance at the time of settlement, because at the time of resignation day whichever policy is applicable to employees that policy is granted to exit policy. And accordingly that company needs to pay.

 

If company don't take you seriously than make complaints in labour registrar.

 

I can draft a letter for you in this regards.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi,

You may challenge the new policy and ask your dues as per your contract.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Yes you can  claim the same from  company if not given you can go to labour court

Prashant Nayak
Advocate, Mumbai
34580 Answers
249 Consultations

performance based incentive/bonus means its based on the company's policy and discretion of the employer/management.

So better write a detailed letter (not mail) to your HR department and seek for an reply, if they are not responding send a reminder letter copy to the labour department and for sure you will get the due amount with out any problem. 

Mohammed Mujeeb
Advocate, Hyderabad
19340 Answers
32 Consultations

1. You have not mentioned the date of resignation.

2. If the policy was changed after you tendered your resignation then you can file a suit for declaration that changed policy is not binding on you and the company should be directed to pay CTC according to unchanged policy.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

No company cannot change CTC related polices without approval from employees.

Yes you can claim incentive as per your contract. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If as per your company rules you are eligible for the said bonus then you can very well claim the same.

The change in the policy may not be binding on you while you have have signed the employment offer letter containing the old policy only in this respect.

You may first make a written representation to the management of the company in this regard and demand your dues, if your representation is rejected then you may plan to initiate proper legal steps to recover the amount which is due to you.

 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

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