• 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 1 month ago 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.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Labour Lawyers

Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0