[Exclusive] HCL Is Forcing These Employees To Return Advance Variable Pay; Unfair, Unjust?

[Exclusive] HCL Is Forcing These Employees To Return Advance Variable Pay; Unfair, Unjust?
[Exclusive] HCL Is Forcing These Employees To Return Advance Variable Pay; Unfair, Unjust?

In a shocking development, IT employees working with HCL are now being forced to return the advance variable pay, if they decide to leave the organization.

HCL is India’s 3rd biggest publicly listed IT company, and this move is seen as grossly unfair, and unjust.

And we have the evidence to prove that this is indeed happening. 

We also have statements from Nascent Information Technology Employees Senate (NITES), condemning this move.

Keep reading to find out the details.

HCL Is Forcing These Employees To Return Advance Variable Pay

We have received confirmed reports that HCL is now forcing the employees who are leaving their organization, to return the advance variable pay.

Some of these employees, who have already resigned from HCL, and serving their notice periods, are being asked to return upto Rs 1.5 lakh, which they have already received in their salary earlier.

This puts these employees in a spot: If they don’t return this amount of variable pay, the company can withhold their experience certificates, and this complicates the matter.

Reacting to this news, Harpreet Saluja, President, Nascent Information Technology Employees Senate NITES said, “We have received complaints from employees of HCL Technologies that recently they have introduced one new policy on variable pay. As per new policy if any employee leaves the company in mid year then that employee has to pay back all the variable amount. Lot of employees are on notice period and are facing this issue. NITES condemns this illegal practice of HCL Technologies to just reduce attrition. The policy is hampering the future growth of employees and is arbitrary. We are filing a complaint with the Labour Ministry against the same.”

Evidence Of This Strange Rule By HCL

Infact, this clause of returning the advance variable pay was already included in the HCL offer letter for new employees, which they had signed to start their jobs.

We have a screenshot of the HCL’s offer letter, wherein they have mentioned about the Advance Monthly Performance Bonus or AMPB, which is another term for advance variable pay.

HCL’s offer letter states: Advance Monthly Performance Bonus (AMPS): A part of variable pay is paid monthly as Advance Monthly Performance Bonus (AMPB) along with other monthly emoluments. The same will be recoverable if you separate from the company prior to the completion of the performance review cycle. This amount will be adjusted and recovered accordingly at the time of actual Bonus payout based on Bonus plan parameters.”

Why Is This Unfair and Unjust?

As per the conditions mentioned by HCL in the offer letter, the organization is paying Advance Monthly Performance Bonus or an advanced variable pay based on the performance. 

And in case any employee leaves the organization before the completion of the performance review cycle, then HCL has the right to ‘recover’ this amount.

This seems grossly unjust and unfair for the employees, since that amount of variable pay has already been received as part of the salary, and returning the same after resigning will put a huge financial burden on them.

And if they don’t return, then HCL is free to ‘recover’ this amount, and most probably withhold their experience certificates.

To know more about variable pay, please visit here.

This is a developing story.. We will keep you updated as more details come in. 

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