90,000+ Legal Questions Answered

Full & Final Settlement, Done By My Ex Employer But It Is Imncomplete Full & Final Settlement, Done By My Ex Employer But It Is Imncomplete

5 years ago

Dear Sir / Madam, I was working with Prognosys Medical System Pvt Ltd (A Bangalore based medical equipment company) as a regional sales manager based at Kolkata location. I have worked for this company from 16th Sept'16 To 31st Dec'17. I have resigned on 31st Dec'17 for personal reason. I have mailed my resignation letter on 22nd Dec'17. The company has not paid me my salary for the month of December 2017, although they have decided that my last working day would be 31st Dec'17. Finally, after rigorous follow-ups company has finally settled my dues by the third week of June 2018. However, I have observed that one component (the company has named the component BONUS) has not settled. In my CTC structure document (Annexure-I) company was keeping aside Rs. 8191.00 per month from my mutually agreed CTC package. My question no 1. Can company label such deduction from my mutually agreed CTC package as BONUS? and my question no 2, Am I legally eligible to claim this amount?
Since I am jobless now and I want this money back(which logically I believe belongs to my legal earning). Please help. Regards, Rajdeep Haldar
N.B. If you want me to share relevant documents, please let me know.

Abhimanyu Shandilya

Responded 5 years ago

View All Answers
A.Th company cannot deduct and hold a part of the salary unless there is some liability on you. And yes you should get your money as that is your earning.
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

Rajeev RJ

Responded 5 years ago

A.Please refer to the appointment whether there is any conditions for availing the bonus. If conditions are there then you have to fulfil that conditions then only you will eligible for the same. Now only option available is to send a legal notice claiming that amount then most of the companies will pay the same.

Regards

Rajeev
RJ Associates
Trivandrum
Helpful
Helpful
Share
Placeholder image

Rajdeep Haldar

Replied 5 years ago

Thanks, Mr Rajeev,
Please note that I am based in Kolkata and this company is Bangalore based. Moreover, I would like to mention that presently I am jobless and hence unable to bear legal consultation fees/charges etc. Will you please guide me if there is any free of cost legal support available to take this case forward.
Regards,
Rajdeep Haldar

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 iconMy employers ignorance has deteriorated my Medical
Dear Client, Interview, selection, appointment, promotion etc all these activities were carried on by respective establishments as per the well-established recruitment policy made out considering a v...
question icontermination during notice period
Dear Client, Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory pr...
question iconNegative feedback in Background verification by Previous Employer
Dear Client, Your query does not reveal or transpire the nature and the ground behind negative feedback your previous company made to your current company that attracts legal action. It is always re...
question iconIs it possible to fast track CWP Govt requirement case in High court
Dear Client, Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution of India and any party to a litigation who is denied...
question iconWron details in dsssb registration form
Dear Client, The Delhi Subordinate Services Selection Board has issued an official advertisement to announce 1841 vacant posts under various Departments and Local/Autonomous Bodies of the Delhi Govern...