Dear All, Been more than an hour since I have been trying to get the solution for this query. But found nothing relevant. Situation is a bit complicated. Let me share that with you and I wish to get a proper solution for this. And correct me if I am wrong thinking on this matter:
There is a practice in my previous company that they provide annual back office incentive to employees, period starting from April of the current year to March of the subsequent year. But till October month end, this incentive amount was not paid to the employees.
I resigned recently from there and now in my full and final settlement, I am claiming that back office incentive. Although, as far as I remember, such a practice was mentioned in T&C of the appointment letter, later this clause was changed at the time of confirmation of service with company.
HR saying that resigned employees not eligible to get office incentive.
Now please confirm me whether I can claim that amount also in my F&F settlement. Will be grateful if any example or act clause is shared on this.
Thanking you. . . .
From India, Delhi
23There is a practice in my previous company that they provide annual back office incentive to employees, period starting from April of the current year to March of the subsequent year. But till October month end, this incentive amount was not paid to the employees.
I resigned recently from there and now in my full and final settlement, I am claiming that back office incentive. Although, as far as I remember, such a practice was mentioned in T&C of the appointment letter, later this clause was changed at the time of confirmation of service with company.
HR saying that resigned employees not eligible to get office incentive.
Now please confirm me whether I can claim that amount also in my F&F settlement. Will be grateful if any example or act clause is shared on this.
Thanking you. . . .
From India, Delhi
Dear VSL,
Can you clarify two things;
1. In which month / quarter the incentive for April to March is released according to the clause of your policy.
2. What does your policy state for forfeiture;
for example -
an employee working during the financial year is eligible for incentive on pro rata basis for the tenure he worked & will be payable as above. But if he resign during the same financial year, the entire incentive amount is forfeited.
Is there anything mentioned regarding this??
If yes, you are eligible for incentive & surely can claim so.
From India, Ahmedabad
Can you clarify two things;
1. In which month / quarter the incentive for April to March is released according to the clause of your policy.
2. What does your policy state for forfeiture;
for example -
an employee working during the financial year is eligible for incentive on pro rata basis for the tenure he worked & will be payable as above. But if he resign during the same financial year, the entire incentive amount is forfeited.
Is there anything mentioned regarding this??
If yes, you are eligible for incentive & surely can claim so.
From India, Ahmedabad
As mentioned by Ms. Hiral please clarify few things
1) What was the clause mentioned in Appointment Letter,
2) What was the changes thereafter on confirnation
3) Whether it is performance based incentive
From the above criteria if you are eligible for the incentive then you can certainly claim it
From India, Ahmadabad
1) What was the clause mentioned in Appointment Letter,
2) What was the changes thereafter on confirnation
3) Whether it is performance based incentive
From the above criteria if you are eligible for the incentive then you can certainly claim it
From India, Ahmadabad
Actually, i dont have copy of my previous employment T&C presently. But I remember properly that they mentioned that based on your satisfactory performance, you will be given annual increments/incentive.
T&C of confirmation letter, I dont possess.
Now coming to answer your queries, specifically raised by Mr. Mehta:
1. They give incentive as per FY and normally it is given at the time of Diwali.
2. I am sure they don't have standing order also, and in T&C of appointment, they did not mention anything related to seizing of incentive amount post resignation.
Answering the questions posted by Mr. Saji:
1. Condition I have mentioned above.
2. T&C of confirmation letter, i dont have now :-(
3. Face value/Subjectivity is taken into consideration while deciding back office incentive amount and also tenure of employee is taken in account. E.g. if an employee been good in work and has worked between 3-4 months, he may be given 1/4 or 1/2 of the total amount subject to the respective grade of the employee.
Please comment further on this ......
From India, Delhi
T&C of confirmation letter, I dont possess.
Now coming to answer your queries, specifically raised by Mr. Mehta:
1. They give incentive as per FY and normally it is given at the time of Diwali.
2. I am sure they don't have standing order also, and in T&C of appointment, they did not mention anything related to seizing of incentive amount post resignation.
Answering the questions posted by Mr. Saji:
1. Condition I have mentioned above.
2. T&C of confirmation letter, i dont have now :-(
3. Face value/Subjectivity is taken into consideration while deciding back office incentive amount and also tenure of employee is taken in account. E.g. if an employee been good in work and has worked between 3-4 months, he may be given 1/4 or 1/2 of the total amount subject to the respective grade of the employee.
Please comment further on this ......
From India, Delhi
Well, with no conditions mentioned the policy seems to be vague & completely at management's discretion. You can ask them for a copy of incentive policy/terms & condition if at all you feel you've missed remembering certain points and act accordingly.
If the incentive is disbursed during diwali - to mention that it is gone :)
From India, Ahmedabad
If the incentive is disbursed during diwali - to mention that it is gone :)
From India, Ahmedabad
Seems that’s vague, so at management discretion. bad luck. should have left after receiving it ;-) Anyways! Thank you very much for your valueable guidance and solution.
From India, Delhi
From India, Delhi
Dear VSL
I agree with the opinions posted earlier; esp that of Hiral Mehta; that the " the policy seems to be vague & completely at management's discretion".
In any case; other than workmen or those falling under thee protection of Labor legislation; such benefits are not enforceable and everything is discretionary. You must have heard the famous saying; "show me the man, and I"ll tell you the rule".
Since you have mentioned that it is given during Diwali; it appears that your resignation must have been put up before Diwali. That explains your exclusion from thee list of beneficiaries of this incentive.
Its nice to see that you have taken it sportingly. Wish you all the best with your new assignments.
Warm regards.
From India, Delhi
I agree with the opinions posted earlier; esp that of Hiral Mehta; that the " the policy seems to be vague & completely at management's discretion".
In any case; other than workmen or those falling under thee protection of Labor legislation; such benefits are not enforceable and everything is discretionary. You must have heard the famous saying; "show me the man, and I"ll tell you the rule".
Since you have mentioned that it is given during Diwali; it appears that your resignation must have been put up before Diwali. That explains your exclusion from thee list of beneficiaries of this incentive.
Its nice to see that you have taken it sportingly. Wish you all the best with your new assignments.
Warm regards.
From India, Delhi
The point is, the incentive can be revoked, pending on how the company is performing. When you resign, the employment contract is dead. However, if the company does recognize your contribution (i.e. you left peacefully), then a case for you to be paid this incentive. It is a very subjective matter that in my view is not enforceable.
From Tanzania, Dar Es Salaam
From Tanzania, Dar Es Salaam
Vishal,
I agree with what others have said.
Just a point of academic interest : the terms given during confirmation will over ride terms given in your appointment letter. You are free to accept or reject the terms. If you reject the changes, you end up without a job :)
The change in terms of employment would not be unilateral only if you are covered by industrial dispute act and have the support of the union on it.
From India, Mumbai
I agree with what others have said.
Just a point of academic interest : the terms given during confirmation will over ride terms given in your appointment letter. You are free to accept or reject the terms. If you reject the changes, you end up without a job :)
The change in terms of employment would not be unilateral only if you are covered by industrial dispute act and have the support of the union on it.
From India, Mumbai
Hello Everyone,
I had similar situation, i was employed with as Business Analyst with firm from 1june 2016 to 1june 2017. I had given my resignation on 3rd may 2017, while company paid performance bonus FY to every employee eligible on 17th may. I was on notice period when incentive was paid. My payroll account has a payslip with my bonus details uploaded. But that hasnt been paid to me yet. I contacted to HR and they are saying it is variable and not paid to resigning employee.
My question is the company liable to pay me since they already have generated payslip with bonus and details? If so how should i claim it.
BTW i also check my appointment letter there is not mention of incentive not paid to employee who resigns.
From India, Mumbai
I had similar situation, i was employed with as Business Analyst with firm from 1june 2016 to 1june 2017. I had given my resignation on 3rd may 2017, while company paid performance bonus FY to every employee eligible on 17th may. I was on notice period when incentive was paid. My payroll account has a payslip with my bonus details uploaded. But that hasnt been paid to me yet. I contacted to HR and they are saying it is variable and not paid to resigning employee.
My question is the company liable to pay me since they already have generated payslip with bonus and details? If so how should i claim it.
BTW i also check my appointment letter there is not mention of incentive not paid to employee who resigns.
From India, Mumbai
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