Money not paid during full and final settlement
I worked for a company that paid out bonus depending on your tenure with the company. I was eligible for a bonus as long as I was an employee on Sept 1st 2016 (which I was). I also got this in writing (email) from the bonus admimistrator. My last working day with the company was September 7th. The hr is now claiming that I needed to be an employee with the company on Sept 30th to claim the bonus and that they made a mistake. Is there any way I can recover the funds from them. I have not accepted the full and final settlement yet.
Asked in Labour from Pune, Maharashtra
1. You have not accepted the full and final settlement or you have not yet received the same"
2. If you have not accepted the full and final settlement what is the reason for that. You can collect whatever the company is paying you now of their own without giving in writing by you that you have received the full and final settlement from them.
3. If you have not yet received your full and final settlement, it will not be prudent on your part to go for litigation with the Company till you get all your balance payments.
4.. Once all your other payments are received by you, you can file a money suit claiming the bonus amount payable to you with interest, damage and cost.
1) issue legal notice to company pay you bonus
2) if company fails to di so you can take legal proceedings to recover your dues
If you have it in writing from the company that you qualify to get the bonus then first issue a lawyer's notice to demand it and if you do not get it even then a suit for recovery of money can be filed in the civil court. It is a wise move on your part to not to accept the full and final settlement.
First you receive the F&F settlement with protest and then issue legal notice demanding the bonus amount if the same is not paid along with your F&F settlement.
The company cannot change the rule as and when it feels like and the rules are not to whims of the company that the employees can dancet o their tunes.