How much is joining bonus ?
is there a clause you have to work for x period failing which bonus is to be refunded ?
Kindly clarify
Help needed
I was working with one of xyz IT company as software development lead in Bangalore, one of IT company ABC in Manila Philippine gave me an offer to join and I have accepted the offer, company ABC in Manila insisted me to get early release from previous company XYZ in Bangalore , I have got early released on June 1st 2019 and applied for visa to Philippine and waited for 2 months to get it approved, so because of this i lost salary for the month of June and July from previous company XYZ. After joining company ABC in Manila Philippine , they denied to reimburse loss of salary for June+July, then I also have seen unprofessional and disrespect towards me from local Philippine employees , also during technical round they were happy about my answers but after joining there they asked me to learn new skillset which I am not familiar with and never worked on it for last 11 years of my work experience, at the same time i had family issue back in India so , I came back to bangalore, I sent an email to my Manager saying i left my laptop in office so that he can collect it and also explained him all unprofessional/disrespect towards me in the Manila philippine office , but he supported their local employees saying nothing wrong in it, also I told him because of family issue i can not come to Manila Philippine and I am resigning , he agreed for it. Now company in Manila philippine asking me to refund the joining bonus which they gave me at the time of joining, I also have replied them the total lost i incurred which included my visa processing fee, traveling expenses,2 months salary lost because of early release form previous company, and then mostly losing my job because of this wrong hire. will they go legal if i do not refund joining bonus? I worked only for 2 months in ABC company Manila philippine
Asked 6 years ago in Labour
12 Answers
Yes sir, there is clause in offer letter that i have to return bonus if i leave the company before 2 years. but what about my expenses, loss of job
Asked 6 years ago
1) company can sue you to recover joining bonus
2) if there is clause in your appointment letter that company would reimburse you for early joining pay visa charges then only you can claim the same
You need to send them a legal notice regarding your stand. You need to contest the said clause in labour court or civil court as per the circumstances. You can also file complaint to the office of labour commissioner
This is cross border issue, nothing will happen. There must be some dispute resolution clause in offer letter ? Which court has a jurisdiction in case of dispute ? or arbitration clause ?
Don`t bother and ask them to courier your lap top else you will file theft and extortion complaint agasint the company HR and owner.
If a contract has been signed by you then the same has to be performed by you.
If you want to claim something from them then you will have to file a case.
You can not take the money against the agreement if their is some liability.
Regards
- As per law, an employer can ask to give back the bonus amount , if employee left work in the begining of his job.
- Further this depends upon the contract signed at the time of joining the said job.
- Since, you have left yours self that company , due to any reasons , and further the clause of the contract clearly says to return , then you will have to return the same.
- You should issue a legal notice to the said company in Manila , after narrating all the facts with the expenditure you have done , there is possibility to waive the same.
If their is clause of returning joining bonus in your offer letter
Then yes they can take legal action against you for recovery of joining bonus.
You need to check what your contract says, or what the paperwork coming with the bonus says..
An employer absolutely can ask you to give back your bonus after you have left work. While you are still at work, it is a much rarer occurrence. In both cases, the actions of your employer are based on the contract you signed when entering your position. This contract governs bonuses, when you receive them, how much they are and what actions can allow a company to reclaim the bonus. Leaving a company suddenly is a common reason cited in contracts as are various forms of misconduct.
If it's written in your employment agreement under termination clause all terms and conditions than you have to return or pay company bonus amount. However company can't stop you to leave the company at any cost.
The losses you claim from the company due to visa process and other delays is not justified nor it is a legal demand.
you may be having your own reasons for resigning the job but will not entitle you to make the claims what yo have made now against them.
Perhaps your claim may not be entertained even though they may not be able to recover their amount claimed from you, legally.
In my opinion, since you may have to move on peacefully, better ignore their calls or notice and get concentrated in the new assignment.
Your claims against the company cannot be legally justified because the company cannot be held responsible for the losses you incurred which are your own problem and not attributed to the company.
Hence in my opinion, you may remain silent about their notice also and move on with your new career.