• Joining Bonus recovery - FNF Delayed by 70 days

I was working with a bank and after serving 3 months of notice period , 72 days has been passed and i have not received my FnF inspite of many reminders and followup with HR . 

I had a clause in the employment agreement that i have to return my joining bonus if i will leave within 12 months . 

Now my question is , can i ask company to waive off that clause(recovery of joining bonus ) because FnF has been delayed by company by 72 days and i have done numerous followup which also cause frustration . ??
Asked 6 years ago in Labour

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11 Answers

You are entitle to interest and compensation on delayed F7F but no adjustment of clauses. Approach labor commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Not at all, you can force them for your full and final for which file a application with the Labour Department/Labour Court under S.33C2 of the ID Act.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

company would not waive of clause regarding recovery of joining bonus 

 

2)you can issue legal notice to company to clear your outstanding dues 

Ajay Sethi
Advocate, Mumbai
100087 Answers
8173 Consultations

You can file a complaint to office of dy labour commissioner and they will take necessary action against them

Prashant Nayak
Advocate, Mumbai
34747 Answers
252 Consultations

dont ruin your relations with your employer 

 

2) take your FNF  even if there is delay in making payment 

 

 

3) take your experience and reliving letter from company 

Ajay Sethi
Advocate, Mumbai
100087 Answers
8173 Consultations

Yes you can

Prashant Nayak
Advocate, Mumbai
34747 Answers
252 Consultations

For breach you can demand compensation but not adjustment. Issue notice for breach of clause and refund of bonus, otherwise will approach Labor commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Payment of joining bonus is your responsibility and liability you would have paid the amount well at the time of your notice period and because of that is your full and final settlement is delayed but you have the option to go to the High Court against the bank to get your full and final settlement after deduction of joining bonus you may claim the interest for the remaining period

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Ask for the interest be paid.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You may file a petition before the designated officer who is the Dy Labour Commissioner of the zone in which your employer (ex) is located.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

No the clause of recovery of joining bonus cannot be waived off.

But you can ask company to give interest on FNF payment for period of delay. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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