Legal Question in Employment Law in India

Dear Sir,

One of my Family member was working as a Technician with a Pvt. ltd company.He was extra ordinary & got a job offer from other company on higher package.The Employer offered the Employee a Performance cum retention bonus plan on 1 june 2011 under which the employer will pay 2 lacs to the Employee apart from his salary in next 3 years the payout being

1-30% of 2 lacs at the end of first year (ie 30 june 2012),

2-30% of 2 lacs at the end of second year(ie 30 june 2013)

3-40% of 2 lacs at the end of third year(ie 30 june 2014)

the employer imposed a condition in this offer that he would not disclose this offer to anyone & if the employee resigns from the company on or before 30 june 2014,the company will recover all the performance cum retention bonus advances.

The employee accepted this offer.The employee met with an accident while on a company work & expired in april 2012.

the employer paid the remaining wages & PF etc to deceased wife & never informed the Wife about any such Contract of Performance Cum retention Bonus to the Deceased Wife .The Wife accidently discovered the Agreement signed by the Employer in Deceased personal documents & was confirmed secretly by a HR person that such a offer was made to deceased.

My question is:

1-If any bonus is payable to deceased wife by employer under terms & conditions of Contract?

2-If yes ,then whether it is 30% of 2 lacs or Proportionate of 2 lacs taking the period he served from 1 june 2011 till his date of death & divided by 36 months

3-If the whole Bonus of Rs 2 lacs is payable to him as the absence of Death Clause had made the things positive/Favourable for the Employee

4-If even a part of bonus was payable & the employer kept Silent on the issue of payment of that part to deceased's wife & didn't even inform the Deceased's wife,if it is a Criminal offence

5-If it is a criminal offence ,then if a FIR can be registered taking that

Contract paper as evidence & under what sections of IPC.

I hope i will get a proper guidance so that the Deceased Employee's wife may get justice.

Kind Regards

Vikal Kumar


Asked on 7/06/12, 10:42 pm

2 Answers from Attorneys

Legal notice Can b send and civil suit Can b filed

Read more
Answered on 7/07/12, 12:54 am
Global Legist Advocate & Legal Consultants

Hello,

As, the Concerned person has expired on the April, 2012 before the completion of one year, hence payment of the said bonus depends upon he clause and terminology of the contract.

You can proceed with legal notice ans suit whereas, first be sure about the contract.

For exact analysis forward us the said contract at [email protected].

With Regards

Global Legist

Advocates and Legal Consultants

+91 9873400403

[email protected]

www.globallegist.com

Read more
Answered on 7/07/12, 2:53 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in India