Archana Archana

3 years ago

I am working in textile shop in above 18 month but some reason I am resigning he is pay bonus to all workers I am also asked but he is not pay can I able to go labour court

Adv. Sarika Khude

Responded 3 years ago

A.There is sign-on bonus that is usually paid in monthly instalments or as a lump sum. There are few questions for you..need to talk
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.which kind of bonus.
bonus is not a right until and unless it is guaranteed in contract.


Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
There are a few varieties of Bonus that companies in India deal with.
There is sign-on bonus that is usually paid in monthly instalments or as a lump sum. If it is a lump sum amount most probably the hiring policy would call out that you will need to pay back the lump sum if you are leaving within a year and 1-2 months from the date of joining.
If the lump sum is towards 2 years, then the policy would be usually up till then. If the bonus is paid on a monthly basis, you will probably lose out what is due to you in the last month and the subsequent months after resignation.

If your Bonus is performance based, and if you were on the notice period during the month your Bonus was due, it should be paid to you as a part of full and final settlement. If however, your Bonus is due in say June and you left by April, the company has the right to not pay you the Bonus. The requirement here being, performance linked Bonus is paid only when the employee is on role when the Bonus amount is due.

In general, companies act weird with employees leaving and I have seen the best of the companies act weirder as soon as they know that you are leaving. Be prepared for the worst where even the salary is not paid in the last few months since some companies use it as a security deposit to ensure that you don't disappear or non deliver stuff in the last few months.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.hi,
There are a few varieties of Bonus that companies in India deal with. I can talk about that if it helps although I am not aware if your question is specific to a different country.

There is sign-on bonus that is usually paid in monthly instalments or as a lump sum. If it is a lump sum amount most probably the hiring policy would call out that you will need to pay back the lump sum if you are leaving within a year and 1-2 months from the date of joining. If the lump sum is towards 2 years, then the policy would be usually up till then. If the bonus is paid on a monthly basis, you will probably lose out what is due to you in the last month and the subsequent months after resignation.

If your Bonus is performance based, and if you were on the notice period during the month your Bonus was due, it should be paid to you as a part of full and final settlement. If however, your Bonus is due in say June and you left by April, the company has the right to not pay you the Bonus. The requirement here being, performance linked Bonus is paid only when the employee is on role when the Bonus amount is due.

In general, companies act weird with employees leaving and I have seen the best of the companies act weirder as soon as they know that you are leaving. Be prepared for the worst where even the salary is not paid in the last few months since some companies use it as a security deposit to ensure that you don't disappear or non deliver stuff in the last few months.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconAlready Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client, Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
question iconRegarding obc NCL reservation
Dear Client, There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
question iconContractual Employer deducting PF
Dear Client, the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...
question iconPf overlapped and now jobless
Dear Client, Since your employment with the old company is based on contract for two months, you need to fulfill the said period and resign from the company by following the exit procedure. In case of...
question iconEmployment advice
Dear Client, A manager cannot initiate the resignation process on behalf of the employee without the employee's consent. It is considered as a unethical practical and can have legal implications. You...