You should issue notice to company to claim arrears of performance related pay
2) if amount involved is substantial sue company to claim arrears
Non-payment of arrears of performance related pay after resignation
My Name is Vjay Krishna Kanth Tamma, From April 2006 to Feb 2020 worked in Hindustan Aeronautics Limited (HAL). In Feb 2020, i left job. Recently, HAL paid arrears of 2018-19 Performance Related Pay to the all the officer in rolls now. But, HAL not arrears of PRP to the resigned employed and they Changed Annual appraise marks to below 50. in June 2019, I appeared for promotion in merit scheme. so, please suggest me to what to do? i will leave or i will fight?
Asked 5 years ago in Labour
16 Answers
Money is involved min 1 lack. But my dignity matter. i resigned due to biased system.
Asked 5 years ago
Issue legal notice to company to claim your arrears
Please issue legal notice for the non- payment of performance. If not paid then invoke Judicial proceedings against them.
You should file writ petition against this discrimination of HAL and non payment of arrears as per your performance.
You should claim these monetary benefits. As you were entitled to it.
You should file a case to recover the dues.
You can contest no need to leave on aforesaid circumstances
Dear Sir/Madam,
You are suggested to not to leave and fight for your rights.
You are entitled for the PRP as you were on roll at that timke so fight and file a suit for recovery of money.
Send them a legal notice in this matter, pointing out all the illegalities committed by them.
If they failed to do the needful, take them to High Court through a writ petition in this matter.
If dignity is at stake than initiate a law suit
You maker a representation to the top management in writing seeking intervention and relief over this aggrieved decision to you.
If you do not get any proper response you may plan to initiate legal action, if necessary.
If you have already relieved and no more working in the company then you can send a legal notice demanding your dues on the basis of the reliable information that you may rely upon.
Serve a legal notice to your company for release of all the arrears. It is advisable to consult a well experienced lawyer for the same.
file a case to recover arrears
- As per Supreme Court , the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Further, no employer can refused to pay full and final settlement amount to the employee , and return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, HAL is bond to pay the arrears of PRP to the resigned employee , and legally you have your right .
- You can issue a legal demand notice to the management of the company.
