Bonus
I have worked for my company for over 4 years and I have always received my bonus which is at least 1 month’s salary.
The contract says that bonus will be paid at the discretion of the company but no bonus will be paid during a notice period or when the employee has resigned.
I resigned after a successful and profitable 2012 and after achieving my target. The company has used the discretion clause not to pay my bonus because this is bonus is for the financial results of last year but usually payable in late or early March each year. They have paid all the other employees except me.
What is my right under the law for such discrimination as I have been denied a bonus which I actually earned?
Name withheld
Answer: You have answered your question yourself .The law is on your company’s side as it can easily use the discretion clause. In fact this is done by most of the big firms.
In nearly all these big firms, if you resign before the payment of the bonus — even if you have met your target — the bonus is not paid because it is also linked to continuity of service.
So there is no discrimination involved, the rule is the same for all — if you quit you don’t get the bonus. So there is nothing you can do about it.