As a consultant am I eligible for bonus and travel allowance
9 months ago
I was working in it company as it consultant. Now I have resigned from the company. I have asked them to provide my due salary, bonus, traveling allowance, relieving letter, and experience letter. They told me that "since you were serving us as a consultant 'bonus & petrol expense' are not applicable in your case". Also they are not telling anything about my experience letter and other documents. As a consultant am I eligible for bonus and travel allowance?
A.Dear Sir,
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
The eligibility for bonuses and travel allowances as a consultant depends on the terms of your employment agreement, any applicable laws or regulations, and the specific policies of your company. Typically, consultants are not entitled to the same benefits and allowances as regular employees. However, the specifics may vary based on the terms of your contract and the practices of your company.
To determine your entitlement to bonus and travel allowance, you should carefully review your employment contract, any relevant policies or guidelines, and consult with a legal professional if necessary. They can review your specific situation and provide guidance on whether or not you are eligible for these benefits as a consultant.
Regarding the experience letter and other documents, it is generally expected that employers provide employees with necessary documents upon separation, such as a relieving letter and experience letter. These documents can be crucial for future employment opportunities. It would be advisable to make a written request to your employer for these documents and follow up with them if they do not respond or provide the requested documents. If necessary, you may need to seek legal advice or assistance to ensure your rights are protected.