My employer denied my yearly bonus promised in the CTC since i had put my papers saying as per company policy they dont pay if you are serving notice period.

Community Forums Legal Advice India My employer denied my yearly bonus promised in the CTC since i had put my papers saying as per company policy they dont pay if you are serving notice period.

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    • #74792 Reply
      User_86514771
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        User_86514771
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        January 14, 2025 at 2:39 am
        I went through my offer letter but i couldnโ€™t find any clause saying so. Can i do something about it legally within law?

      • #74822 Reply
        User_607426cc
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          User_607426cc
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          January 14, 2025 at 2:48 am
          Capgemini?

          • #74828 Reply
            User_86514771
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              User_86514771
              OP
              January 14, 2025 at 2:56 am
              Is it normal?

              • #74833 Reply
                User_607426cc
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                  User_607426cc
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                  January 14, 2025 at 3:04 am
                  Is it normal, yes. Is it legal, no.

                  • #74835 Reply
                    User_86514771
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                      User_86514771
                      OP
                      January 14, 2025 at 3:09 am
                      So legally i can pursue this with a lawyer?

                      • #74837 Reply
                        User_607426cc
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                          User_607426cc
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                          January 14, 2025 at 3:09 am
                          Yes sirr

                          • #74838 Reply
                            User_86514771
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                              User_86514771
                              OP
                              January 14, 2025 at 3:10 am
                              Thank you

                              • #74839 Reply
                                User_607426cc
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                                  User_607426cc
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                                  January 14, 2025 at 3:10 am
                                  Cheers

                            • #74836 Reply
                              Expertthinker8580
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                                Expertthinker8580
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                                January 14, 2025 at 3:59 am
                                You’ll pursue this and spend more than the bonus.

                                They can always put bogus reasons and give you 2000 rs bonus. Let it go.

                      • #74821 Reply
                        User_5bef0ba1
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                          User_5bef0ba1
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                          January 14, 2025 at 2:52 am
                          This is not surprising!

                        • #74820 Reply
                          User_82354741
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                            User_82354741
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                            January 14, 2025 at 3:05 am
                            I believe bonus part they put as discretion.

                          • #74819 Reply
                            User_fa61b79b
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                              User_fa61b79b
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                              January 14, 2025 at 3:13 am
                              Very normal in Indian companies.

                              • #74827 Reply
                                User_5e1ba02f
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                                  User_5e1ba02f
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                                  January 17, 2025 at 2:12 am
                                  Even in USA

                              • #74818 Reply
                                User_448a5aab
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                                  User_448a5aab
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                                  January 14, 2025 at 3:15 am
                                  No company pays a bonus if you have put in papers, and the bonus is tied to performance, and they can always say that your performance was not adequate.

                                  Donโ€™t push it as you will always need positive response during background checks in future companies.

                                  • #74826 Reply
                                    Hiteshmaster783
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                                      Hiteshmaster783
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                                      January 14, 2025 at 3:18 am
                                      >No company pays a bonus if you have put in papers, and the bonus is tied to performance,

                                      I was paid. Many companies pay. Don’t normalise shitty things

                                      • #74832 Reply
                                        Superlakshay1059
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                                          Superlakshay1059
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                                          January 14, 2025 at 6:23 am
                                          Yes, I didn’t break my head without a helmet. Don’t normalise wearing a helmet.

                                          For those who are analogy challenged, anecdotes/individual exceptions don’t make the common practice.

                                          • #74834 Reply
                                            Hiteshmaster783
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                                              Hiteshmaster783
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                                              January 14, 2025 at 6:27 am
                                              Did you stop reading after the first sentence?

                                        • #74825 Reply
                                          Quickviplav8488
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                                            Quickviplav8488
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                                            January 14, 2025 at 3:22 am
                                            Where i work, if you are on the rolls on 1st January – notice period or not, you will get the bonus prorated to the number of months you worked.

                                            What you mention is done by shitty companies not ethical ones.

                                            • #74831 Reply
                                              User_448a5aab
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                                                User_448a5aab
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                                                January 14, 2025 at 5:51 am
                                                Well 80% are shitty by that definition then.ย 
                                                That percent involves startups as companies too.

                                              • #74830 Reply
                                                Superlakshay1059
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                                                  Superlakshay1059
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                                                  January 14, 2025 at 6:21 am
                                                  What you mentioned is rare exception. Think from company perspective? Why will they pay you more when you won’t stay with them and there is no impact of that investment in your future outcomes. World hardly works just out of pure altruistic goodwill of heart. That said, companies that do that are surely commendable.

                                                • #74829 Reply
                                                  Mightyronit2870
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                                                    Mightyronit2870
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                                                    January 14, 2025 at 10:48 am
                                                    I quit a job 5 months in and after I had put down my papers the department announced bonus payable after end of the quarter as one project made good profits. I had worked on that project but I had put down my papers so I never expected it. Anyways I joined other company, forgot all about this. To my surprise they paid me the bonus for 5 months I worked and contributed to project.

                                                    My manager in that company would often call and ask about me. She even asked if I would like to be back after 3 yrs of quitting since the working structure had changed to what I wanted. At exit interview I gave honest feedback as to why I am quitting so fast. It was good management, just the working structure was not something I could do long term. Management understood and we parted on good terms.

                                                • #74824 Reply
                                                  User_d61e49af
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                                                    User_d61e49af
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                                                    January 14, 2025 at 5:12 am
                                                    Its not that no companies pay. It’s just shitty companies that don’t pay. But from company’s perspective the bonus is not for the work done but a carrot for the future work that is expected. So if the employee is leaving the carrot is worthless and therefore not offered.

                                                • #74817 Reply
                                                  Hiteshmaster783
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                                                    Hiteshmaster783
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                                                    January 14, 2025 at 3:18 am
                                                    Every company has a clause on bonus based on last working date. Check that for eligibility

                                                  • #74816 Reply
                                                    User_b1a223ac
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                                                      User_b1a223ac
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                                                      January 14, 2025 at 3:22 am
                                                      Offer letter does is not the HR manual.

                                                    • #74815 Reply
                                                      Mightyhawk2386
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                                                        Mightyhawk2386
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                                                        January 14, 2025 at 3:32 am
                                                        Yeah buddy. This is why my teammates wait till they get bonus and then put notice.

                                                      • #74814 Reply
                                                        Megagirish1284
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                                                          Megagirish1284
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                                                          January 14, 2025 at 3:37 am
                                                          What does the company’s corporate policy on performance evaluation / bonus say about this?! Also, check your employment agreement for any clauses.

                                                        • #74813 Reply
                                                          User_ca1526a3
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                                                            User_ca1526a3
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                                                            January 14, 2025 at 4:07 am
                                                            In my company, if you are employed on 31st Dec, irrespective of notice period or not, you are eligible for bonus. Maybe your last working day is before such a cut off date. Check with HR

                                                          • #74812 Reply
                                                            Ritupanda631
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                                                              Ritupanda631
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                                                              January 14, 2025 at 4:16 am
                                                              My son never got a bonus as like you he was on his probation period. This was pointed out to him though, not sure if it was written into the employment contract, yes my son was disappointed but it was what it was, didnโ€™t make a fuss and as a surprise as he had performed well they did actually give him an unofficial payment.

                                                            • #74811 Reply
                                                              Tulsilion979
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                                                                Tulsilion979
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                                                                January 14, 2025 at 4:35 am
                                                                That’s the norm. You should have known this before resigning. There is no pro-rata performance bonus once u submit your resignation and accepted.

                                                              • #74810 Reply
                                                                Happydude3826
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                                                                  Happydude3826
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                                                                  January 14, 2025 at 4:37 am
                                                                  The details may not be in the offer letter but check HR policies. Should be mentioned somewhere and a normal thing.

                                                                • #74809 Reply
                                                                  User_1199ab85
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                                                                    User_1199ab85
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                                                                    January 14, 2025 at 5:21 am
                                                                    Indian companies are meant for slavery and low salary compared to workload beat it move out for masters

                                                                  • #74808 Reply
                                                                    User_ebf1403c
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                                                                      User_ebf1403c
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                                                                      January 14, 2025 at 5:24 am
                                                                      It won’t be specified in the offer letter. Refer the employee handbook. I got the bonus during notice period.

                                                                    • #74807 Reply
                                                                      User_0edffc57
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                                                                        User_0edffc57
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                                                                        January 14, 2025 at 5:43 am
                                                                        Bro use your brain. Why would you pay bonus to an employee who is already leaving?

                                                                        • #74823 Reply
                                                                          User_7669779d
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                                                                            User_7669779d
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                                                                            January 14, 2025 at 7:51 am
                                                                            Because bonus is realized for the contribution made over the past year while the person was employed. The companies performance to calculate bonus is the direct outcome of the performance of the employees combined during that period.

                                                                            Good companies give bonus even when the employee is on a notice period. Great companies give bonus on a pro rata even when the employee isnโ€™t currently employed.

                                                                        • #74806 Reply
                                                                          Akshitahawk111
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                                                                            Akshitahawk111
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                                                                            January 14, 2025 at 5:44 am
                                                                            “Bonus” and “performance-linked incentives” for those not in management roles have only one purpose — to defer payment of a part of your salary. Now it depends on the company whether they pay you that component when you leave.

                                                                          • #74805 Reply
                                                                            User_076bff90
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                                                                              User_076bff90
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                                                                              January 14, 2025 at 5:44 am
                                                                              Very normal

                                                                            • #74804 Reply
                                                                              Venkatbear663
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                                                                                Venkatbear663
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                                                                                January 14, 2025 at 5:55 am
                                                                                i was paid on pro rata basis with mid rating. but looks like yours is a shitty one

                                                                              • #74803 Reply
                                                                                User_957b01e5
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                                                                                  User_957b01e5
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                                                                                  January 14, 2025 at 6:04 am
                                                                                  There are 2 types of bonuses (apart from Joining bonus) I have usually seen –

                                                                                  1) Performance Incentive -> Depends upon your performance. Almost guaranteed that you will not get this (or you will get the minimum possible amount) if you are on notice period.

                                                                                  2) Quarterly / Half yearly / Annual bonus – Not linked to Performance. It works like a delayed lump sum salary. Irrespective of whether or not you are not on notice period – You are entitled to it.

                                                                                  Check your joining letter / annual performance letter for a clause regarding your bonus. Try to reason with anyone who is willing to discuss with you. If it does not work out – leave it. There is no recourse. You will hear comments regarding Court / labour commissioner etc – Process is the punishment my friend. You will get no where. You might try sending a legal notice and see if that works. But nothing beyond that is going to be useful. It is India – you and I don’t matter. Suck it up and move on. You have other struggles in life.

                                                                                • #74801 Reply
                                                                                  Samirpanda495
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                                                                                    Samirpanda495
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                                                                                    January 14, 2025 at 6:39 am
                                                                                    I used to work in one of the topmost IT firms in the world, since in India these rules, donโ€™t matter, they also did not pay me my bonus money once I put down my papers

                                                                                  • #74802 Reply
                                                                                    Silentpanda7593
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                                                                                      Silentpanda7593
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                                                                                      January 14, 2025 at 6:39 am
                                                                                      If you don’t have offers, get retained. Companies follow this rule of not giving bonuses when employee is on Notice period. The clause must be mentioned in your offer letter.

                                                                                    • #74800 Reply
                                                                                      User_00761fec
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                                                                                        User_00761fec
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                                                                                        January 14, 2025 at 7:02 am
                                                                                        Same. My company is a very respected international MNC and have the same policy. In 2022 I quit after seeing my increment numbers as I had another offer at hand. Was told that my increment and bonus will not be applicable as I am on notice.

                                                                                        When the management asked, I cited my low salary and financial commitments (like Raju from 3 idiots – Baap ka operation, behen ki shaadiโ€ฆ lol). They wanted to retain me and I said Iโ€™d be open to a counter offer. They immediately went back and within two weeks I had an updated contract with a 30% hike effective start of next month.

                                                                                      • #74799 Reply
                                                                                        User_0926ede5
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                                                                                          User_0926ede5
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                                                                                          January 14, 2025 at 7:11 am
                                                                                          This is another scam run by companies in India.

                                                                                          HRD ministry or legal court proceedings shall work in your favour. If you have time and money to represent your case

                                                                                          They morally should give. But if company is bankrupt then the obligations cannot be met. As the work is done for past year work so serving notice period is not acceptable clause by an unemployed and if you did sign the agreement to get the job offer.

                                                                                          Still you shall get the due as the clause is unidirectional favouring employer and hence discarded in the court. If put in front of a proper judge. ๐Ÿง‘โ€โš–๏ธ

                                                                                        • #74798 Reply
                                                                                          User_5e1265ed
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                                                                                            User_5e1265ed
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                                                                                            January 14, 2025 at 10:57 am
                                                                                            You should have checked the policies of the company on bonus payout. Itโ€™s not that simple or illegal to do so. They should have notified this information when you put down your papers. Take it as a lesson and be smarter next time.

                                                                                          • #74797 Reply
                                                                                            User_60593771
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                                                                                              User_60593771
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                                                                                              January 14, 2025 at 11:22 am
                                                                                              Sorry bruh, You learned a lesson. Put papers after you got your bonus.

                                                                                            • #74796 Reply
                                                                                              Rapidamaya8990
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                                                                                                Rapidamaya8990
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                                                                                                January 14, 2025 at 4:30 pm
                                                                                                They ..the Indian corporates go back on their word always..and they are well connected with government..hence no use complaining to them..also if you can approach a labor union and file a case it may work out

                                                                                              • #74795 Reply
                                                                                                User_ed0b2c7d
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                                                                                                  User_ed0b2c7d
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                                                                                                  January 17, 2025 at 2:27 am
                                                                                                  Best response for you to do is just ask for a copy of the specific policy. On most occassions HR anf support staff just say policy when there is none.

                                                                                                • #74794 Reply
                                                                                                  User_c0f0e6e2
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                                                                                                    User_c0f0e6e2
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                                                                                                    January 17, 2025 at 1:03 pm
                                                                                                    I agree with the company here, why pay bonus on a quitter? Might as well flush the money. Why do you feel entitled to a bonus?
                                                                                                    Think like a business owner for once. Itโ€™ll make sense to you.

                                                                                                  • #74793 Reply
                                                                                                    Brightmaster784
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                                                                                                      Brightmaster784
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                                                                                                      January 18, 2025 at 1:08 am
                                                                                                      In my company clause regarding bonus was in employees handbook. It’s kind of manual which tells about company wide rule/provisions. Like travel allowance, Per Diem allowances, what’s the arrangements in case of transfer, seniority wise perks (Flight/hotel bookings) etc.

                                                                                                      It’s a standard practice bro, if you are due for bonus lut your paper after you get it..

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                                                                                                  Reply To: My employer denied my yearly bonus promised in the CTC since i had put my papers saying as per company policy they dont pay if you are serving notice period.
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