Performance bonus claim from previous organisation
Dear Sir,
I was with my previous company for 3 years.Our CTC was including performance bonus i.e.equal to 50% of total CTC before bonus. After our probation period the comapny paid us 3 months bonus on prorata basis for the year 2010-11. Then I was in job till April 30,2012. But as I resigned from the company in March 25,2012, my appraisal was not done by the HR and my boss and I have not given any performance bonus (decalared on July 2012) even I worked for the whole FY 2011-12. While I enquire with the HR about it they said that if an employee is in payroll at the time of bonus declaration date then only she/he is eligible for it.
Now my question is that can I claim my bonus as I have worked for the company for whole year and also it was a part of our CTC and no written rules regarding bonus have given to us.
Please reply what step should I take if I can claim it.
looking for your valuable suggestion
4 Replies
I think no one ready to give any suggestion…why to make such forums where one cant get any reply…?? :(
To be fair, this seems practically like more of an HR issue than a legal one, unless there is something in your contract that says your bonus is compulsory, rather than discretionary? I’m not sure, but proving anything to the contrary would be tough and would require significant evidence of the way the company deals with others in a similar situation, etc., to establish whether you’ve been treated unfairly or simply in line with internal policy.
My suspicion is that there is not much you can practically do - once you leave a company, you practically forgo many of the perks and fighting for them becomes hard.
Not sure though- I guess your legal remedy, if any, would be fairly complicated, which is why no one has replied.
OKK Thanks..atleast this reply will do.
I was unsure about if any steps can be taken in this case thats why asked for the suggestions…thanks. :)
Well there are always some steps you *could* take legally, though question is if they’d be more trouble than is worth. Possession in this case is 9/10ths of the law so if you don’t have the bonus it is hard to get it, but if there is any promise or assumption, implicit or explicit, that you should get the bonus then it might be worth instructing a lawyer about it.
Without knowing the facts of this case in detail, though, it is very hard to advise, I’d imagine.