What are the actions an employer can take in case of a notice period not being served if it is mentioned in the offer letter and they have it signed from the employee that either a 3 month notice period needs to be served or pay the salary in lieu of?

Hi, I would like to bring to your notice a concern with regards to the non-payment of variable pay/annual variable compensation (which is part of my CTC) by my erstwhile employer. I was employed with my erstwhile employer (IT Sector) located in Pune for little over a year (from Feb 14 2019 thru Apr 09 2020). I have resigned from duties on 11th January 2020 and got relieved from duties on Apr 09 2020 after serving the mandated notice period of three months. The company pays the variable payout annually along with the March salary. The company withholds the variable pay component for the months Jan thru Dec and is paid along with the March salary in the subsequent year.I have not received the variable pay and I later got to know that as per company's policy, employees are not eligible for variable pay if serving notice period as on the payment date. As I was in notice period during that time, I did not receive the variable pay. Also please note that there was no mention of this criteria/policy in the Offer Letter. My concern here is that is it lawfully correct and legal to tie any of the employees remuneration including that of variable pay and/or other benefits to employee resignation. I firmly believe that there should not be any components of the employees remuneration (salary package) tied to the employee resignation as part of company's policy. I hereby, would like to seek your advice/guidance/opinion/suggestion if any, on this matter and would like to know if such a policy is lawfully correct and legal. What can be done in this case. Please suggest Looking forward to hear from you at the earliest.. Please note I am a resident of Hyderabad and have been offered the job at one of employers office location in Pune. Thanks Sivaram

Hi Sir/ Madam, I am 5 month pregnant and working in IT company since June - 2019. The day i told them i am pregnant thing have changed for me. Below is the series of event. On 15th April, I called my manager and revealed about my pregnancy. Also i called HR on same day to notify her about my pregnancy. After this my Hr has moved me in variable pay structure stating in mail that it is only for this quarter where i will get only 50% of salary till June and rest of 50% will be provided at the end of Q2 based on company and my performance. They gave reason as COVID-19 crisis for this. Later during the start of May, they have called me stating my department is going to shutdown and my profile got redundant due to COVID-19 and asked me to give my resignation. I requested many times to HR / Manager over call to move me in another team or assign me another role / task as in this condition i can't find another job. I haven't received any response for this. On 7th May, I have sent intimation mail regarding my pregnancy with maternity certificate from my doctor. After requesting many times over call they came with a proposal to keep me as an employee with 0 payment till my maternity leave. On refusing, they wanted me to agree for 25% payment from July - November. At same moment they said i won't get any variable salary amount for these 3 months. (April - June). On 18th May, I received termination notice mail from my HR with reference to agreement which state that "clause 10.1 states that - Notwithstanding anything to the contrary contained in this Agreement, the Company may terminate the Employee’s employment under this Agreement without assigning any reason upon issuing 30 (thirty) days prior written notice to the Employee (or 1 (one) month’s remuneration in lieu of such notice)" I haven't received any response for any of my email in written and directly received termination letter. . Please let me know for actions needed from my end. Thanks & Regards, Tabassum Ansari

I joined company on 23.07.2018 and delivered baby on 28 May 2019 and asked for maternity leave from 1 june 2019 as delivery was expected for 22 june 2019 but company is denying for that .