Company not ready to release my previous year variable pay after put the resignation in second year

Mohan.pok
I am working at a startup IT company in Bangalore. I joined here in March 2016. I have almost completed 1 year and 11 months in this company. However, the company has not given me my increment or released my variable pay for the year 2016. Despite many follow-ups, I became frustrated and submitted my resignation in December 2017, with my last working day being in February 2017. Now, the company is claiming they will not provide the variable pay due to my resignation, even though it pertains to the year 2016.

What is the best way for me to obtain my variable pay? Should I consider taking legal action for this matter?

Thank you in advance for your assistance.
Dinesh Divekar
Dear Mohan,

You may approach the labor officer of your area and make a formal complaint. When going to the labor office, take along proof of your employment, salary disbursed during the year 2016, etc. Please note that the labor officer is different from a labor lawyer. The former is appointed by the government, whereas the latter works in his personal capacity and charges a fee for providing professional services.

By the way, you need to receive feedback on the quality of your English. This is a professional forum, and your post does not meet the standards of this forum. Improve your English; it is beneficial for your career!

Thanks,
Dinesh Divekar
PRABHAT RANJAN MOHANTY
Dear Mohan,

I do not understand anything from your post. It is stated that you tendered your resignation in Dec '2017, so how could February '2017 be your last working day? Please ensure you check everything at your end before moving elsewhere for results.

You are eligible for all that is outlined in your appointment letter, depending on the conditions. I recommend consulting a lawyer, especially one who specializes in labor matters, with all relevant documents. Following that, you should file a case before the Labor Officer of the area where your company is located.

Thank you.
saswatabanerjee
What are the terms on which the variable pay is stated in your appointment letter? Once you share the details of the same, the members will be able to guide you better.

In general, variable pay is at the discretion of the employer. In view of the above, it is most likely that they can deny you the variable pay on various grounds. Litigation is not as easy as you think. It would take years and your lawyer's fees would probably far exceed the amount of variable pay you are supposed to get.
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