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Question regarding eligibility to get bonus
09-Aug-2023 (In Breach of Contract Law)
My office contract says a bonus of 30000 INR after 1 year completion in office. However contract doesn't say about exculsion of notice period (1 month) and probation period (3 months) in 1 year completion. Company is not paying me bonus because I resigned and my 1 year completion includes both notice period and probation period. However there is a line in my contract under Termination policy - Management's decision and communication, if different from whatever mentioned, would supersede any of the terms & conditions written herewith, which have to be mandatorily accepted by you in all circumstances. Am i not eligible for bonus because of this 1 single line ? And is this ethical to draft a contract which can be simply overruled by management's decision?
The above stated contractual stipulation seems to be highly arbitrary, unilateral and unethical. The same may be challenged before a Court of law as an unconscionable contract. Further and better particulars are needed for an effective opinion.
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Adv. Tushar Kumar
Delhi | 200+ Answers
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After perusing your query I'm of the view that you should challenge the above stated contractual provision being highly arbitrary and one sided. Further would require the contact and the extant policies to advise you further on this issue.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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The contract is being misinterpreted by them (provided you are reading it clearly). But try to cross check, because bonus is usually a compensation for loyalty. And so it might be possible that Company is not wrong. However, it is also true that in many such cases it is seen that Companies simply harass their erstwhile employees to avoid liabilities.
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