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PAY NEWSBanks reneging on guarantees18 December 2007COMMENTSWhat kind of dufus hasn't read the small print in their contract and understood it, particularly when it relates to the major component of their remuneration! Read all comments »Banks are wriggling out of paying cash bonuses to people who thought they’d get a hefty payout no matter what. “We’re getting quite a few calls from people who are finding their guaranteed bonuses for this year are being paid in shares,” says Jane Mann, head of employment law at solicitors Fox Williams. “For people who were expecting their guarantee to be paid in cash, it comes as quite a shock.” The bad news is that banks are often perfectly within their rights. Mann says clauses allowing guarantees to be paid in stock are usually concealed in the small print of employment contracts, and that naïve bankers fail to scrutinize them before signing: “On the face of it banks might say there’s a guarantee of £250k, but when you look into it, the contract will often give the organization the discretion to decide how much of that to pay in cash and how much to pay in stock.” Equally unfortunately, Mann says the stock element of a guaranteed bonus is often subject to the recipient still being in employment at the time of the payout – unlike the cash part, which is paid regardless: “Everyone thinks that if they’re made redundant before a guarantee is paid out they will still get their pay. That’s not always the case if a proportion is paid in stock.” Charles Ferguson, managing director of Ferguson Solicitors, which specializes in traders’ cases, says banks are also trying to evade paying guarantees by arguing that structured credit traders who lost money have been negligent: “There are all kinds of trumped-up charges going around.”
COMMENTSBonae, Equities, Tue 18 Dec 07Gosh! I'm a good bit richer than I was yesterday. Think I might give this game more time. Add your comment »jody emerson, Hedge Funds, Tue 18 Dec 07What kind of dufus hasn't read the small print in their contract and understood it, particularly when it relates to the major component of their remuneration! "Naive bankers" - so people negotiating legal documents every other day don't understand them? This is a non-story! Add your comment »Big Swinger, Capital Markets, Wed 19 Dec 07Why banks always play such 'tricks' to not just their employees but also their clients? I believe this is the root of the scarce loyalty in this industry -> if you behave unfaithfully first, then do not expect other people will be faithful to you.. simple & straight forward Add your comment »Expat analyst, Debt / Fixed Income, Thu 20 Dec 07Whilst I do not understand people failing to read and understand their contracts, the banks themselves do not try and wriggle out of clauses. It is done by lawyers for the same bank at the behest of bean counters under orders from the very top who want more bonuses for themselves. Add your comment » |
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