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.
- This topic has 47 replies, 38 voices, and was last updated 1 year, 5 months ago by
User_607426cc.
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UUser_86514771
PARTICIPANT
January 14, 2025 at 2:39 amI went through my offer letter but i couldnโt find any clause saying so. Can i do something about it legally within law? -
UUser_607426cc
PARTICIPANT
January 14, 2025 at 2:48 amCapgemini?-
UUser_86514771
OP
January 14, 2025 at 2:56 amIs it normal?-
UUser_607426cc
PARTICIPANT
January 14, 2025 at 3:04 amIs it normal, yes. Is it legal, no.-
UUser_86514771
OP
January 14, 2025 at 3:09 amSo legally i can pursue this with a lawyer?-
UUser_607426cc
PARTICIPANT
January 14, 2025 at 3:09 amYes sirr-
UUser_86514771
OP
January 14, 2025 at 3:10 amThank you-
UUser_607426cc
PARTICIPANT
January 14, 2025 at 3:10 amCheers
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EExpertthinker8580
PARTICIPANT
January 14, 2025 at 3:59 amYou’ll pursue this and spend more than the bonus.They can always put bogus reasons and give you 2000 rs bonus. Let it go.
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UUser_5bef0ba1
PARTICIPANT
January 14, 2025 at 2:52 amThis is not surprising! -
UUser_82354741
PARTICIPANT
January 14, 2025 at 3:05 amI believe bonus part they put as discretion. -
UUser_fa61b79b
PARTICIPANT
January 14, 2025 at 3:13 amVery normal in Indian companies.-
UUser_5e1ba02f
PARTICIPANT
January 17, 2025 at 2:12 amEven in USA
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UUser_448a5aab
PARTICIPANT
January 14, 2025 at 3:15 amNo 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.Donโt push it as you will always need positive response during background checks in future companies.
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HHiteshmaster783
PARTICIPANT
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
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SSuperlakshay1059
PARTICIPANT
January 14, 2025 at 6:23 amYes, 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.
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HHiteshmaster783
PARTICIPANT
January 14, 2025 at 6:27 amDid you stop reading after the first sentence?
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QQuickviplav8488
PARTICIPANT
January 14, 2025 at 3:22 amWhere 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.
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UUser_448a5aab
PARTICIPANT
January 14, 2025 at 5:51 amWell 80% are shitty by that definition then.ย
That percent involves startups as companies too. -
SSuperlakshay1059
PARTICIPANT
January 14, 2025 at 6:21 amWhat 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. -
MMightyronit2870
PARTICIPANT
January 14, 2025 at 10:48 amI 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.
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UUser_d61e49af
PARTICIPANT
January 14, 2025 at 5:12 amIts 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.
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HHiteshmaster783
PARTICIPANT
January 14, 2025 at 3:18 amEvery company has a clause on bonus based on last working date. Check that for eligibility -
UUser_b1a223ac
PARTICIPANT
January 14, 2025 at 3:22 amOffer letter does is not the HR manual. -
MMightyhawk2386
PARTICIPANT
January 14, 2025 at 3:32 amYeah buddy. This is why my teammates wait till they get bonus and then put notice. -
MMegagirish1284
PARTICIPANT
January 14, 2025 at 3:37 amWhat does the company’s corporate policy on performance evaluation / bonus say about this?! Also, check your employment agreement for any clauses. -
UUser_ca1526a3
PARTICIPANT
January 14, 2025 at 4:07 amIn 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 -
RRitupanda631
PARTICIPANT
January 14, 2025 at 4:16 amMy 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, didnโt make a fuss and as a surprise as he had performed well they did actually give him an unofficial payment. -
TTulsilion979
PARTICIPANT
January 14, 2025 at 4:35 amThat’s the norm. You should have known this before resigning. There is no pro-rata performance bonus once u submit your resignation and accepted. -
HHappydude3826
PARTICIPANT
January 14, 2025 at 4:37 amThe details may not be in the offer letter but check HR policies. Should be mentioned somewhere and a normal thing. -
UUser_1199ab85
PARTICIPANT
January 14, 2025 at 5:21 amIndian companies are meant for slavery and low salary compared to workload beat it move out for masters -
UUser_ebf1403c
PARTICIPANT
January 14, 2025 at 5:24 amIt won’t be specified in the offer letter. Refer the employee handbook. I got the bonus during notice period. -
UUser_0edffc57
PARTICIPANT
January 14, 2025 at 5:43 amBro use your brain. Why would you pay bonus to an employee who is already leaving?-
UUser_7669779d
PARTICIPANT
January 14, 2025 at 7:51 amBecause 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 isnโt currently employed.
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AAkshitahawk111
PARTICIPANT
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. -
UUser_076bff90
PARTICIPANT
January 14, 2025 at 5:44 amVery normal -
VVenkatbear663
PARTICIPANT
January 14, 2025 at 5:55 ami was paid on pro rata basis with mid rating. but looks like yours is a shitty one -
UUser_957b01e5
PARTICIPANT
January 14, 2025 at 6:04 amThere 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.
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SSamirpanda495
PARTICIPANT
January 14, 2025 at 6:39 amI used to work in one of the topmost IT firms in the world, since in India these rules, donโt matter, they also did not pay me my bonus money once I put down my papers -
SSilentpanda7593
PARTICIPANT
January 14, 2025 at 6:39 amIf 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. -
UUser_00761fec
PARTICIPANT
January 14, 2025 at 7:02 amSame. 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 shaadiโฆ lol). They wanted to retain me and I said Iโd 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.
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UUser_0926ede5
PARTICIPANT
January 14, 2025 at 7:11 amThis 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. ๐งโโ๏ธ
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UUser_5e1265ed
PARTICIPANT
January 14, 2025 at 10:57 amYou should have checked the policies of the company on bonus payout. Itโs 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. -
UUser_60593771
PARTICIPANT
January 14, 2025 at 11:22 amSorry bruh, You learned a lesson. Put papers after you got your bonus. -
RRapidamaya8990
PARTICIPANT
January 14, 2025 at 4:30 pmThey ..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 -
UUser_ed0b2c7d
PARTICIPANT
January 17, 2025 at 2:27 amBest 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. -
UUser_c0f0e6e2
PARTICIPANT
January 17, 2025 at 1:03 pmI 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. Itโll make sense to you. -
BBrightmaster784
PARTICIPANT
January 18, 2025 at 1:08 amIn 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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