Josy T 07 March 2016

Recovery of cost of hiring from exiting employee

I am working in an Indian manufacturing company as a senior sales manager. Joined only 4 months prior. I have just resigned and have given a months notice,which I am still serving as per the contract signed and have asked for relieving on 16th March; as the notice period will of one month will get over. My HR has reverted saying that I can be relieved within a month but only after giving 2 lacs as hiring expense cost, which has been beared by the company in hiring me.This clause of hiring expense was never mentioned till date and is also not a part of my contract.On asking the HR says, that the company is not doing good and has lost 2 lacs, due to my attrition , as it has already paid the consultant 2 lac rupees.( The Hiring charge ask by HR is on mail ).Also, my full & final amount is also 2 lacs; which the company should pay back once I complete my notice period.. What should I do if I do not get relieved on the last day of my notice period? as they may ask that I need to cough up the 2 lacs and take signatures of mine on documents stating that 2 lacs is due to be recovered for providing the relieving. Do I fall in Labour Law as I am part of Senior Management and approach the Labour officer or I need to directly file a civil suit against the employer

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Kumar Doab (FIN) 07 March 2016

1. The company can not recover the said dues.

2. Did you sign any service agreement? If yes, the agreement was drafted in lieu of what extra ordinary benefits?

3. You submit a gentle reply that the said amount was never communicated to you and is not part of any agreement signed with you, hence can not be asked/demanded/recovered from you?

You have the option to ask what cost company pays if it initiates attrition?

4. If company has paid the amount to consultant then it is by its sweet will. Moreover it appears that company has not supplied you the bill, payment proof of consultant.

5. YOu may cite thre clause on notice period, and mention to HR with a copy to good offices of appointing authority,MD, Chairman that NO Tasks are pending at your end, and routine duties be assigned that can be completed within and upto LWD,dand to whom you should handover the charge within LWD.

6. An able counsel specialzing in labor-service matters can ascertain if you can approach labor authorities or other forums.

Download proof of perfromance, NO Misconduct and atendance and having caused NO loss.