If your case doesn't come in labour court them you can go for civil court other wise jurisdiction of civil court is barred
Non payment of performance bonus
I have resigned from my company and last working day of 25th November. My company is reputed MNC IT company. They have written guidelines that to get performance bonus I have to be on the rolls of company at the time of disbursement of bonus. Disbursement date is 29th November. I was supposed to get performance bonus for the period Apr'2019- Sep'2019 if I had stayed till 29th November. I asked them to extend my Notice period but no help. I filed application in Labour court but not much help. And on top of that my Manager has not even shown me the bonus amount which I was eligible for. It seems they have reduced it to zero despite good performance. is just 4 days due to which I loosing entire bonus. And on top of it they have not disclosed what amount I was eligible for. Can I file civil suite to recover the amount or any help to get this amount.
Asked 6 years ago in Labour
12 Answers
You are not entitled to performance bonus as you are not working on 29 th November ie time of disbursement of bonus
you can make representation to MD of company to consider making payment of performance bonus as you have worked for period of 6 months and bonus should not be with led merely because you are leaving organisation on 25 th November
If you are eligible for bonus then you can file a recovery suit.
You may have to ascertain the exact amount that you are eligible towards bonus to file the recovery suit.
If you are not in the knowledge of the actual bonus or your eligibility for the same, then you may make a representation in writing before the labor commissioner venting out your grievances and seek relief and remedy.
IT company working manuals allows to payment performance bonus you should be paid but according to the procedure if it is not payable to you and you are not eligible for taking any payment please see the manual are the policies which are agreed by you in case of your employment If as per the policy you are eligible for the performance bonus and company has not paid the amount due to you then you can file a civil suit in report against company for payment of the performance bonus as per the policy
You can file civil suit fro recovery, but the question will remain same, you are not on rolls of company on the date of disbursement of bonus.
You can try raising this point that bonus is payable on past work performance, so just because on disbursement date, you resign, dose not dis entitle to bonus.
And as per law employee is entitle to bonus who has worked in the establishment for not less than thirty working
days in that year.
Raise same before labor court instead of civil suit.
Does it mean I can challenge below things in court and does it have any strong things in my favour 1. As per company policy in written that you should be on rolls of company on date of disbursement. 2. My manager has still not done discussion with me to tell my BONUS amount which shows on internal website. Chances are they have distributed this among rest of the employees and that's why not showing this to me. I escalated to HR but no help
Asked 6 years ago
Company policy cannot over ride bonus law.
Press labor court application only.
You can take legal proceedings to challenge non payment of performance bonus to you if you so desire
Please see the termination/ resignation politics as well before you move for legal action .
Carry relevant documents to establish that you are eligible for the bonus along with your correspondence in this regard to an Advocate and get a legal notice issued to your employer and depending upon the response/non response, you can decide on the future course of action
The HR is again the employee of the company hence he may not be of any assistance or help to you.
The HR will always act in favor of the company only and not in interest of the employees.
If you feel that injustice has been done to you then you may contemplate to initiate legal steps for recovering the bonus amount on the basis of the company rules and procedures you rely upon.
You can try the same on merits after consulting the detailed case with a local lawyer and get an idea of pros and cons. It may happen the professional fees may be higher then your bonus
Yes you can file civil suit for recovery of bonus earned by you for your performance.
You can take your resignation back during notice period if company is ready for that and continue with your job for getting bonus.
