Company not paying performance linked pay
2 years ago
I joined company X in July 2020 as a management trainee. During joining, citing Covid, they told us for 3 months (which later was extended another month) they'll pay only 36% (status of an intern - salary, casual leave like an intern), but the position was management trainee and work was full scale (Jul-Aug-Sep-Oct). First full salary according to original offer was credited in November salary. Meanwhile, variable pay for the same period from Jul '20 - Mar '21 was communicated by the HR in Nov. Review for the same was completed in Jul '21. This has not been credited as of date and it was communicated by the HR that it is delayed due to 'several unavoidable internal and external challenges'. I submitted my resignation in Aug '21, after 14 months of service. The HR is now saying I won't be credited the Var Pay in my Full and Final Settlement/FFS (which I'll receive 45 days after my last working day ~ in November probably). The delay was from their side, and a lot of work was loaded citing performance linked pay. I humbly request someone to clarify if the company is bound to pay me the same in my FFS.
You can issue a legal notice to the company asking them to discharge their duties. You have the right to get all the benefits and allowances which are mentioned in the agreement deed which you and the company have signed. Please contact a lawyer and take the necessary actions.
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Vaidehi Samant
Responded 2 years ago
A.Whether you will receive or not depends upon the contract which you signed with the company during your appointment or the appointment letter which they provided and what it says about unavoidable situation. However, practically if you are still working with the company than it can be a bad option to initiate legal action against company especially regards to obtaining recommendation letter/experience certificate to avail better prospects in future considering you are intern so better request the company through HR or any senior official in that respect claiming your dues but in case you want to proceed legally you may issue legal notice to the company claiming your due and if company does not reply in 15 days or does not comply with the claims made than you may file a complaint with labour commissioner of your area. Thank you.
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