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Can I file the case against employer for due payment of Performace pay?
Question
Dear Sir,I joined one company in Pune in which i was appointment letter given by company which included performance pay. However when i started working there i found myself overburdened i had to work for 12 hours sometimes i had to give service on weekly holiday also. And consider it was a part of work had no regret.However after working long hours and on holiday my superior was not seen seem to be happy with me. i thought it is may be due to i m new in this company and i will require some time to adjust with these. But after some times even i found on even i was not able to solve one query out of 10 my superior was doubting about my ability and was saying that what to do of yours? My job profile was huge this was continously happening say after 15 days.. This was ok somewhat i was not able to give solution one out of 10.But sometime he was insulting me infront of other junors members for nonperformance of other in on continuous basis .So i found that insulting, I was feeling that I am not treated well here or I can not bear this on continuous basis.One day i also said to my superior if you are not happy with my work say me to look job elsewhere because I donot want to become liability of company and I have not regret in such case.These all conditions lead me to look for other jobs and luckily I got it within short time.I gave resignation and asked at the time of resignation to HR Manager,what are the deduction they are going to make from my full and final settlement?They said that you will not reimbursement expesnes, other than that you will get all.I assumed that I will get all including performance pay of 6 months since 15.12.2021 (since I was in that company for 6 months)I left the company but when I received my full and final settlement there was not performance pay of Rs.33000/-When I asked HR Manager they said that you will not get since you have not worked till 31.12.2021 and your superior thought your performance was upto the mark which is not in our policy.Then my question is here 1-when I asked HR Manager at the time resignation- what are the deduction they are going to make from my full and final settlement.? At that she should have said to me.She only told you will not get only reimbursement expenses.She should have stated me clearly all at that time.2-If my performance was not upto the when I left the company,then they should have not bought attention to me at the time of my working.(or send notice to me)3rd concern is when I was doing job where I was facing 1-Continuous job threat, 2-Doubt on my of performance even when there was no pending work with me all time and even after working for 12 hours in a day,some work on weekly off.No Holidays for six months.3-Insulting me in front of juniors and other members for non performace of work by other.Then how can I will work for that company under such circumstances for long time?Here my question to all respected member is,Can I file the case against employer for due payment of Performace pay? Specially when I joined the company after waiving of 1.5 basic salary of previous employer since this company was in need of candidate.
Answer ( 1 )
1. Issue a legal notice through an advocate to your employer seeking the performance pay and damages for the harassment caused to you by the employer at the time of employment.
2. File a civil suit for recovery of money on the basis of the agreement signed between the parties which mentioned about performance pay.
You may contact the team at InstaLegal via whatsapp number for issuing of the Legal notice on your behalf.