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Performance Bonus Denial after resignation


03-Aug-2026 (In Labour & Service Law)
I joined the company on 23 Nov 2025 with a CTC of ₹52 lakh, including a ₹4 lakh Performance Based Incentive (PBI). I resigned on 15 Jun 2026 and served notice until 31 Jul 2026. The CEO had stated that annual bonus reviews would occur in July. I was later informed that I was ineligible because only employees who joined before October qualify. However, neither my offer letter nor the employee handbook contains any such eligibility condition or a forfeiture clause for resigned employees.
Answers (1)

Answer #1
988 votes
An employee who resigned but worked through the performance period may be legally entitled to a pro-rata bonus if the employment contract or handbook does not explicitly disallow it, though recovering it depends on proving the incentive was an earned component of the agreed CTC. Contractual Terms: If the offer letter and employee handbook lack an explicit forfeiture or eligibility cutoff clause stating that resigned employees or those joining after October are ineligible, the company cannot arbitrarily introduce verbal or retroactive rules to deny payment. Pro-Rata Claim: Since you completed the service period up to July 31, 2026 (having joined in November 2025), you worked for over 8 months of the financial/evaluation cycle, strengthening a claim for a pro-rata share of the ₹4 lakh PBI.
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