Variable pay or PIL related
3 years ago
Dear Team,
My appointment letter says, PIL will be paid out “if employee is on Payroll” on the day of payout and the appointment letter was accepted by me. I worked for the whole performance period and after a year, I resigned. I discovered after my resignation that the policy says only those employees in "not resigned" status during pay-out will receive the PIL and those serving notice will not receive the PIL. Although I will still be on active payroll on payout date but serving notice, the company says I will not be eligible.
Couple if questions?
Firstly, is it legitimate to draft such a policy and draft such an appointment letter with ambiguity? Both documents talk different language. I did not have a view of the policy until joining the company.
Secondly, Can this issue be disputed, if so, how and whom to reach out?
Such ambiguity will always held in favour of employees if you go to the Civil Court to get the benefits thereunder.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Ayantika Mondal @ Prime Legal
Responded 3 years ago
If you had the access to the policy even after joining the company would amount to your acceptance to the terms, and hence you would be bound by the contract.
Generally, ambiguity is to be avoided in contracts, but in certain cases ambiguity is there purposefully.
You can dispute the contract stating that you weren't privy to the contents of the contract and its terms. Reach out to an advocate practicing in your area for further details.
If had the access to the policy even after joining the company would amount to your acceptance to the terms, and hence you would be bound by the contract.
Generally, ambiguity is to be avoided in contracts, but in certain cases ambiguity is there purposefully.
You can dispute the contract stating that you weren't privy to the contents of the contract and its terms. Reach out to an advocate practicing in your area for further details.
Termination of contract
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civil law
