Can private sector company deny me the annual performance bonus?

Payment of bonus is the statutory liability on the employer and receipt of bonus amount is the legal right of the employee and the amount to be paid, to whom to be paid and by when to be paid  has been well framed in the Payment of Bonus Act. 

The employer cannot wish away the  bonus scheme depriving bonus to its employees.  The employees resigned from the service also are entitled to bonus for their tenure. 

You may file a complaint to the Area Deputy Labour Commissioner for payment of bonus and he being the competent authority will  solve your problem. Please let us know if you would need assistance in drafting the complaint.

If the above method does not provide you the desired relief, the Company's bonus Policy can be challenged in the Court for being arbitrary and unreasonable as the resigning employees who have been on the payroll for the entire appraisal cycle should be eligible for performance bonus.

We will be able to guide you in a better manner after going through the Bonus Policy of the Company.