• Discretionary bonus not received on employment termination

I have recently resigned my job in an IT company in December and served my notice of 3 months. I am supposed to receive bonus of 10% of my salary by end of financial year based on performance. Contract also mentions that I will not get discretionary if am serving notice. I have worked almost till end of financial year i.e. 12th March (31st being end) and I have been a very high performer. Am I supposed to receive my bonus?
Asked 4 years ago in Labour

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6 Answers

You must go through the employment offer letter i which the conditions making you eligible for bonus would be mentioned.

If you have served the company as on the date of declaration of the bonus by the company then you will be eligible for claiming bonus.  

 terminated employee's entitlement to discretionary bonus payments can be a contentious issue. Employers often include language in employment agreements and bonus plans that requires employees to be “actively employed” at the time a bonus is paid, in order to receive the bonus.

Recently, the courts have considered whether terminated employees are entitled to receive bonuses that they would have otherwise received during the notice period even when they have entered into employment agreements or bonus plans which require them to be “actively employed” to receive a bonus.
• There is a trend of increasing scrutiny of employment agreements and bonus plans that seek to limit terminated employees’ bonus entitlements during the notice period.

 

Bonus needs to be paid as part of the settlement to the employee, when he exits, on a pro-rata basis. If the bonus percentage is later increased due to increase in profits, then the difference in the bonus amount needs to be transferred to the employee or a cheque

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

1) The payment of bonus will depend on the terms of the contract.

2) If there is a clause that mentions that bonus is based on complete discretion of employer based on whether a notice was served by the employee. Then you will not be able to claim that bonus.

3) If the terms are vague then there is discretion that you may be able to seek some if not whole amount of the bonus.

4) Total discretionary bonuses will generally not be payable.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You would not get bonus as contract mentions not entitled to do so if-serving notice period 

 

it is your case you resigned in December 2020 hence not entitled to bonus 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You gave notice to quit in December 20 and served notice  period aprox from 11 December till 12 March. You also state “Contract also mentions that I will not get discretionary [bonus] if am serving notice. The clause goes against your claim for bonus. The policy is, an employer is not bound to pay bonus to an employee who intends to quit. My opinion may not be to your liking but you are not entitled to bonus.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Indian labour laws guarantee only certain protections, in terms of fixed bonus, to salaried employees particularly under payment of bonus act but there is no specific law pertaining to “discretionary bonus” which is actually a performance based bonus and its computation is done as per company’s policies or parameters which may be different for different companies to assess the performance of employee.

As the name suggests, “discretionary bonus” is awarded at the sole discretion of the employer rather than what an employee expects to receive. Moreover, even your contract says that you will not get discretionary bonus if you are serving notice period. So, unfortunately, you can’t do much about discretionary bonus as it is solely based on the discretion of your employer as well as terms of the contract but you may seek it from your employer as you were a high performer during the term of employment. The worst your employer can do is that it can refute your claim for bonus. So, you may try for it but you can’t be sure that you would receive it also. Hope this satisfies your query!

Abhinav Srivastava
Advocate, New Delhi
33 Answers
1 Consultation

you can file a case in labour court and recover the same from there

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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