Bonus withheld
sruti gupta
(Querist) 09 January 2018
This query is : Open
X when submitted his resignation the company calculated his due Bonus amount and promised him other variables legally due to him as per the companies contract. However its now been almost 5 years inspite of several email No due bonus has been given to X. further after repetitive emails of follow up the employer asked him to sign a Non Disclosure contract(which was after resigning and serving the notice period in full) saying that X will not do business or join any competitive company untill 1.5 years of his resigning,than only he will release his amount of due bonus.
Please guide what can now be done in the matter.
Adv Shailendra Deshpande
(Expert) 16 January 2018
It i is been long time (5 years as mentioned) to wait for solution without taking any legal action. Only sending e-mails wont be justified in court. At this moment if you are going to file any suit, then convincing answers should be ready from your end for delay in filling a suit.
Has X signed Non Disclosure Contract for 1.5 years? Some employers thinks NDA can bee good tool to coerce and threaten resigning / relieving employees and in most cases it is against Sec. 27 of Contract Act, hence treated as invalid. But sometimes the Court do take cognizance of such contracts based on responsibility and nature of sensitive work of employer carried by that particular employee. Take help of proper lawyer for future actions.
Shailendra Deshpande, Pune.
HR & Legal Consultant. Graphologist
(Expert in Handwriting Analysis)
