Served a big company for almost 4 years. I resigned on 20th July'2024 requesting to relieve me in 30 days and agreed to pay against shortfall of notice period that was 90 days as per appointment letter. Resignation has been accepted and employer advised to serve 90 days which I denied through return email.
I served more than 50 days of notice period and again requested to relive me but HR did not agree. My new employer asked me to join or to terminate offer. I wrote final email to my old employer that I will leave today (11th Sept'2024) and requested to give me full and final statement enabling me to pay if any dues and to settle my accounts. But there was no response on same.
I left old organisation and joined new employer on 12th Sept'2024.
Since then I have been sending multiple emails to HR to let me know if I have to pay to settle my accounts. As per my calculations there is no outstanding after adjusting my leaves and salary of 11 days. But not getting any response from them.
Now they have hold my bonus and PLI amount (part of my CTC as per appointment letter).
Requesting subject experts to guide me next course of action. Should I go for legal actions. If yes, which forum (civil court/consumer forum or labour office etc).
Regards,
Krishna Sharma
From India, Noida
I served more than 50 days of notice period and again requested to relive me but HR did not agree. My new employer asked me to join or to terminate offer. I wrote final email to my old employer that I will leave today (11th Sept'2024) and requested to give me full and final statement enabling me to pay if any dues and to settle my accounts. But there was no response on same.
I left old organisation and joined new employer on 12th Sept'2024.
Since then I have been sending multiple emails to HR to let me know if I have to pay to settle my accounts. As per my calculations there is no outstanding after adjusting my leaves and salary of 11 days. But not getting any response from them.
Now they have hold my bonus and PLI amount (part of my CTC as per appointment letter).
Requesting subject experts to guide me next course of action. Should I go for legal actions. If yes, which forum (civil court/consumer forum or labour office etc).
Regards,
Krishna Sharma
From India, Noida
If you proceed legally, you will spoil the relationship with the employer and it may even make your career suffer a lot. Moreover, if your salary per month was more than Rs 24000, it would be difficult for you to find a legal solution. Then the only possibility will be to file a civil suite. Of course, non payment of statutory bonus can be addressed before the labour authorities but performance liked allowance is totally out of the question. PLI is usually paid as a reward and the management will reserve the right to withhold it if the employee is not expected to serve for the remaining period. Again, it depends on the contract of employment. But the labour officer will not interfere in such components of "CTC" other than statutory (minimum) wages or non payment of wages as per contract of employment. That also if the amount exceeds Rs 24000, then he will decline to interfere saying that you are out of the scope of Payment of Wages Act.
From India, Kannur
4244From India, Kannur
The Bonus you have mentioned is it statutory bonus. If so and if your Basic & DA for the financial year to be paid was less than or equal to 21,000/- , you are eligible for statutory bonus. If organization refused to pay you bonus , you can proceed to appropriate authority under PB Act for your bonus claim.
So far as profit linked incentive ( PLI ) as mentioned in your appointment order as CTC has no legal stand. Usually, most of the organizations are paid it if the employee is in the pay roll of the organization on the date of disbursement of PLI.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
From India, New Delhi
So far as profit linked incentive ( PLI ) as mentioned in your appointment order as CTC has no legal stand. Usually, most of the organizations are paid it if the employee is in the pay roll of the organization on the date of disbursement of PLI.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
From India, New Delhi
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