I am working for a top consultancy firm. I have worked for the entire 2011 in good standing. In 2012 from June I am on leave without pay. My appraisals were all done & I was also intimated of my bonus amount.
Then on one day before the salary being credited, I get a call from the HR that the partners have taken a call to defer the bonus until I join back. None of this is put on a record & they communicated over a phone only. Even when I sent a mail asking them to confirm the same on a email & point it to the relevant policy, they have not replied to my mails.
When I check the policy document, it is written that bonus will be paid only to 'active' employees. I have actually earned my bonus for 2011 & the firm is not paying the same.
Is this legal? I am yet employed with the firm, just that I am on leave without pay. Can I take a legal action?
Please do adice...
From India, Vijayawada
Then on one day before the salary being credited, I get a call from the HR that the partners have taken a call to defer the bonus until I join back. None of this is put on a record & they communicated over a phone only. Even when I sent a mail asking them to confirm the same on a email & point it to the relevant policy, they have not replied to my mails.
When I check the policy document, it is written that bonus will be paid only to 'active' employees. I have actually earned my bonus for 2011 & the firm is not paying the same.
Is this legal? I am yet employed with the firm, just that I am on leave without pay. Can I take a legal action?
Please do adice...
From India, Vijayawada
Hi Andy,
Bonus is of 2 types. 1st statutory and the 2nd employer specified benefit for retention of employee. I presume it is the second one in your case. As an employer the company is in the process of determining whether you are continuing your services or not and hence they may have put it on hold to see that you return back.
However, what you need to know is what is the status they have marked you in at the company. According to their records are you on permitted leave, sudden absence without notice, unsanctioned but informed leave (in which case you do not have sufficient leave balance but you have formally informed them of your leave). If it is permitted leave then the employer cannot retain the bonus and should pay it. If it is the other two the employer may withhold it under the contention that you may not rejoin leading to some payment for the notice not served from your side. In such case you may not be able to coerce to pay unless you have taken a call on what you plan to do next and approach them with your decision.
Please check what "active" means to the employer. Does it mean someone who is not on notice period or not on long leave also. Read your offer document for the classification.
Regards
Dhanalakshmi
Senior Manager - HR
From India, Madras
7Bonus is of 2 types. 1st statutory and the 2nd employer specified benefit for retention of employee. I presume it is the second one in your case. As an employer the company is in the process of determining whether you are continuing your services or not and hence they may have put it on hold to see that you return back.
However, what you need to know is what is the status they have marked you in at the company. According to their records are you on permitted leave, sudden absence without notice, unsanctioned but informed leave (in which case you do not have sufficient leave balance but you have formally informed them of your leave). If it is permitted leave then the employer cannot retain the bonus and should pay it. If it is the other two the employer may withhold it under the contention that you may not rejoin leading to some payment for the notice not served from your side. In such case you may not be able to coerce to pay unless you have taken a call on what you plan to do next and approach them with your decision.
Please check what "active" means to the employer. Does it mean someone who is not on notice period or not on long leave also. Read your offer document for the classification.
Regards
Dhanalakshmi
Senior Manager - HR
From India, Madras
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