Am I entitled to variable pay after resignation and withholding?

I was working at Aakash Institute Pvt. Ltd. (a coaching institute for IIT JEE test prep). I resigned in February 2024, and my variable pay was on hold for 11 months, from April 2023 to February 2024. The company put it on hold citing losses. Now that I have left the company and requested my variable pay, the HR is saying I am not eligible for it without providing any reason.

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Advocate By LEAD INDIA Answered: 03 Feb 2025

Sir, if your variable pay is being withheld unfairly, first review your employment contract to check entitlements. Request a written explanation from HR for the denial. If denied, file a complaint with the Labour Commissioner or Industrial Tribunal. If the issue persists, send a legal notice through a lawyer demanding payment. If unresolved, approach a Labour Court for recovery. Consult a lawyer specializing in employment law for guidance and legal representation. For further legal assistance contact us on our helpline number.
 

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