Variable pay after resigning in mid Financial year
7 months ago
i resignd after performing duty for 356 days in last FY22-23. while variable pay not given to me on pro rata basis. while company pays variable pay to (1) employees who joins mid FY and continue (2) employees who switches job in mid of FY from company to other company of same business group (3) and retiring employees mid of FY. Employe say you are not eligible hence you will not be paid. they follow different rule for outgoing employee. Kindly advice
The payment of variable pay or performance-related bonuses can vary from company to company and may be subject to specific policies outlined in your employment contract or company guidelines. Whether you are entitled to variable pay on a pro-rata basis for your period of service in the financial year 2022-23 depends on your employment agreement, company policies, and applicable labor laws.
Here are some steps you can take to address this issue:
Review Your Employment Contract: Carefully review your employment contract, offer letter, and any written policies or guidelines provided by your employer. Pay particular attention to the sections related to compensation, variable pay, and bonus eligibility. Check if there are any clauses or conditions that specify how variable pay is calculated and when it is paid.
Discuss with HR or Management: Initiate a discussion with your company's HR department or management to seek clarification on the company's policy regarding variable pay for employees who resign mid-year. Share your understanding of the situation and inquire about the specific reasons for not receiving pro-rata variable pay.
Refer to Company Policies: Ask HR or management to provide you with the relevant company policies or guidelines that address variable pay calculations and eligibility criteria. This will help you better understand the basis on which they have made their decision.
Seek Legal Advice: If you believe that your entitlement to pro-rata variable pay is supported by your employment contract, applicable labor laws, or the company's own policies, you may want to consult with an employment attorney. They can review your situation and provide legal guidance on your rights and potential courses of action.
Negotiate: If you have a strong case and believe that you are entitled to pro-rata variable pay, you can negotiate with your employer to resolve the matter amicably. Provide any evidence or arguments that support your claim.
File a Complaint: If discussions and negotiations do not lead to a satisfactory resolution, you may have the option to file a complaint with labor authorities or an employment tribunal, depending on the labor laws in your jurisdiction.
Thank you.
Any discrimination or discrepancy on the part of the employer in the governing rules applicable to the same set or category of employees amounted to unfair labour practices that deserve litigation to resolve. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the Company over alleged unfair labour practices before the Central Govt. Industrial Tribunal or State Industrial Tribunal depending upon the class/sector of establishment you belong to. Apart you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming F & F settlement dues from your employer. Otherwise, you have to file a civil suit against the company for recovery of your dues and appropriate relief. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
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.]
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