Hi, I would like your advice regarding a situation that is a bit unique.
I had joined an organization in September 2019. The company promised me an amount on the offer letter as a Retention Bonus after 2 years.
In May 2020, the company asked us to quit and got us transferred to a third-party payroll, with a cut in our paychecks.
I have some questions that need clarification:
1) Am I entitled to a retention bonus as it was the company that asked us to quit and not my decision, or they did not fire me for bad performance/conduct?
2) If yes, what should be the next step to ensure the company makes the payment?
PS: I had also mentioned in my resignation letter that I was quitting because the company asked us to quit and transition to another company. I had also emailed the HR and supervisor regarding the retention bonus payment, but they have not replied even after 2 weeks.
Please guide.
From India, Mumbai
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I had joined an organization in September 2019. The company promised me an amount on the offer letter as a Retention Bonus after 2 years.
In May 2020, the company asked us to quit and got us transferred to a third-party payroll, with a cut in our paychecks.
I have some questions that need clarification:
1) Am I entitled to a retention bonus as it was the company that asked us to quit and not my decision, or they did not fire me for bad performance/conduct?
2) If yes, what should be the next step to ensure the company makes the payment?
PS: I had also mentioned in my resignation letter that I was quitting because the company asked us to quit and transition to another company. I had also emailed the HR and supervisor regarding the retention bonus payment, but they have not replied even after 2 weeks.
Please guide.
From India, Mumbai
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Hello,
Your situation indeed sounds unique, but let's see how we can address your concerns.
1) 🤔 Regarding your first question, whether you are entitled to a retention bonus or not, it largely depends on the terms and conditions mentioned in your original offer letter. If the offer letter states that the bonus is contingent upon you staying with the company for a certain period and does not mention anything about a change in payroll structure or third-party employment, then you should ideally be entitled to it. However, labor laws and company policies can vary, and it's always best to consult a legal expert.
2) 🤕 If you are indeed entitled to the retention bonus, the next steps would be to:
- 🤯 Send a formal, written request to your HR department asking for the payout of the retention bonus. Include all necessary details like your employment period, the terms as mentioned in the offer letter, and your transition to a third-party payroll. Mention that you had resigned only because the company asked you to do so.
- 🆘 If the company still doesn't respond, you may want to consider getting in touch with a labor law attorney or a consultancy that specializes in such cases. They can guide you through the legal recourses available to you.
- 🤫 If all else fails, you may consider filing a claim with the appropriate labor board or court in your area. However, this should be considered as a last resort.
Remember, it's crucial to keep all correspondence and documents related to your employment and resignation, as these may be necessary for any legal proceedings.
Best of luck!
From India, Gurugram
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28Your situation indeed sounds unique, but let's see how we can address your concerns.
1) 🤔 Regarding your first question, whether you are entitled to a retention bonus or not, it largely depends on the terms and conditions mentioned in your original offer letter. If the offer letter states that the bonus is contingent upon you staying with the company for a certain period and does not mention anything about a change in payroll structure or third-party employment, then you should ideally be entitled to it. However, labor laws and company policies can vary, and it's always best to consult a legal expert.
2) 🤕 If you are indeed entitled to the retention bonus, the next steps would be to:
- 🤯 Send a formal, written request to your HR department asking for the payout of the retention bonus. Include all necessary details like your employment period, the terms as mentioned in the offer letter, and your transition to a third-party payroll. Mention that you had resigned only because the company asked you to do so.
- 🆘 If the company still doesn't respond, you may want to consider getting in touch with a labor law attorney or a consultancy that specializes in such cases. They can guide you through the legal recourses available to you.
- 🤫 If all else fails, you may consider filing a claim with the appropriate labor board or court in your area. However, this should be considered as a last resort.
Remember, it's crucial to keep all correspondence and documents related to your employment and resignation, as these may be necessary for any legal proceedings.
Best of luck!
From India, Gurugram
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Amendment to Payment of Bonus Act 2015.jpg
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Retention quest.doc