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Non Payment of Performance Linked Incentive by company what to do
27-Jun-2023 (In Labour & Service Law)
I used to work for a company where I have resigned and my last working day was 31st May 2017. As per the offer letter I am eligible for a 15% variable as “Performance linked incentive” (PLI) which is payable once every year. This PLI is a part of the CTC and not over and above.Till date the same is unpaid. The policy also says that the employee would be eligible for the PLI only when he is active in the company on the date of payment. I have discussed this with the HR and my reporting manager and I was given an assurance that I will get my full year PLI, even if I have resigned. I have SMS communication on this confirmed this. She has also mentioned that the payment will be done with my full and final settlement. 1) Why and what basis I was given a confirmation before I have resigned that I will be paid my PLI with my Full and final settlement? 2) How secured I am now, since I am no more in the company ?
As you have been given an assurance from your employer, you can also obtain it in writing or have any proof of the same. However, if the employer later denies to provide you the same then you can file a recovery application before the Labour court, provided you fall within the definition of Workman and the Company an "Employer".
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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