Salary and notice period payment not paid
Hari
(Querist) 24 July 2024
This query is : Resolved
I have joined an organization on 18 th Feb 2024 and received a joining bonus of 5 lacs which had a clause stating that I need to repay the full amount if I resign within 12 months of completion from my date of joining., which i didnt notice while accepting the offer on email . Since the organisation was so hostile , and due to the mental harrassment, discrimination by the boss, and i put my resignation and left in April 2024 and job less now , Now the organisation is asking me to repay the joining bonus. However , while i have recd my appointment there is no such clause ( return the joining bonus if i leave before 1 years) So, in this case what should I act? Is it legal to repay or not?
I was planning to sent a notice to them for the harassment and discrimination and playing with my career .
please advise
T. Kalaiselvan, Advocate
(Expert) 24 July 2024
Ignorance of law cannot be claimed as an excuse. If there was a clause that you are required to repay the bonus in case of resigning the job within one year from the date of appointment you are liable to honor that clause failing which the company has rights to recover the same through due process of law.
kavksatyanarayana
(Expert) 24 July 2024
Yes. You shall pay the amount taken from the organization as you left the job within 2 months, and their demand is correct and if you neglect, you will face legal consequences.
Hari
(Querist) 25 July 2024
Thanks . But the appointment has no mention such clause . Only offer letter has the clause and its only mail confirmation . Then which one is leagally binding - Offer letter ( thru email ) or a physical appointment letter
Thanks
P. Venu
(Expert) 25 July 2024
Admittedly, the offer letter had such condition. By repudiating the obligation, you would only be fighting the windmills. More over the hostile stand would could adversely affect your BGV in future employment.
