I joined on 18th April and resigned on 20th April the next year. However, the company is denying the bonus that was promised to be given post one year from the Date of Joining (DOJ) by stating that I was on notice period when the payout was processed on 26th April.
The offer letter states:
"The payout will be processed in the payroll cycle according to the defined timelines above, provided you are on the company's payroll and not serving notice."
What steps should I take in this situation?
From India, Patna
The offer letter states:
"The payout will be processed in the payroll cycle according to the defined timelines above, provided you are on the company's payroll and not serving notice."
What steps should I take in this situation?
From India, Patna
Notwithstanding any clause in the appointment order, the bonus as per the Payment of Bonus Act shall be payable to an employee who is entitled to receive it if he has worked for at least 30 days in the financial year. The amount can be paid on any day but within 8 months of the closure of the financial year.
Therefore, if your basic salary and dearness allowance combined are not more than Rs 21,000, you will fall under the Payment of Bonus Act. Consequently, your bonus shall be paid even if you are on a notice period. However, if you are not an employee eligible to receive any statutory bonus, then the payment will depend on the terms of the appointment order.
Since there is a condition mentioned in the appointment order that the bonus is payable only if you are in service or not serving a notice period, you may not receive it.
From India, Kannur
Therefore, if your basic salary and dearness allowance combined are not more than Rs 21,000, you will fall under the Payment of Bonus Act. Consequently, your bonus shall be paid even if you are on a notice period. However, if you are not an employee eligible to receive any statutory bonus, then the payment will depend on the terms of the appointment order.
Since there is a condition mentioned in the appointment order that the bonus is payable only if you are in service or not serving a notice period, you may not receive it.
From India, Kannur
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