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Past employer not paying performance bonus which is a part of my CTC


13-Oct-2023 (In Labour & Service Law)
Hi Team, My previous employer is denying to pay "Performance Bonus" which is a part of my CTC plan/monthly compensation. They have delayed appraisals and performance payouts till date(13 Nov' 16) which was supposed to be completed in April' 16. I had to change job in Aug' 16 and the employer is now denying performance payout based on a clause in Appointment letter that employee has to be on rolls of the company the day "Bonus" is aid out . Please suggest course of action.
Answers (2)

Answer #1
679 votes
Please take note of following -
1. You need to send them a legal notice asking for what is legally yours.
2. If they refuse to comply to your notice then you need to move ahead with your case based on the contract which is there in between you and the company. If there is an arbitration clause then call for that or else go for a case as per the jurisdiction clause.
Answer #2
829 votes
According to the Payment Of Bonus (Amendment) Act, 2015 every employee not drawing salary/wages beyond Rs. 10,000 per month who has worked for not less than 30 days in an accounting year, shall be eligible for bonus for minimum of 8.33% of the salary/wages even if there is loss in the establishment whereas a maximum of 20% of the employee’s salary/wages is payable as bonus in an accounting year.
You may send me full account of your case so as to enable me to give you proper advice.

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