No need to pay back, let them try to recover through court. It is not possible for an employer the recover anything paid to an employee. You are entitled to bonus which is paid voluntarily by employer. Claim that it is paid due to your special capabilities.
Wrong job assignment and forcing for signon bonus
Hi Team, I joined US based LLP bank in May 2022. They have paid 2Lakhs as joining bonus for joining in short notice. After i joined for my shock,not even a single task was matching to Job description they explained during interview. Infact they made me learn development on my own from google and do development, this had become my day to day work tasks. IM not a developer and doesnt have any development background. After constant bullying and harrasment from my manager and his skip level manager i resigned, now they are forcing me to return 2lakhs signon bonus since i have not completed 1year with company. My last day is 29th Dec 2022 Can i deny to pay signon bonus because they failed to assign tasks related to me and also can i sue them for spoiling my career as im not getting job outside as i have not spent one year with this company
Asked 3 years ago in Labour
10 Answers
You may have to visit the employment offer letter for the conditions of employment.
If there's any clause stating that the said sign on bonus has to be returned if leaving the job within one year from the date of employment then you are liable to return the same.
If there's no such clause then you refuse to return and follow the procedures for resignation.
You cannot sue the company for not allocating the prescribed job because you accepted the employment and had been receiving salary regularly every month.
The offer letter says that "The gross amount of sign on bonus shall be fully recoverable from employee if the employees employment with GDC is voluntarily or involuntarily terminated by GDC for any reason other than through no fault of employee within 12 months dfrom date of joining and employee hereby agrees that the right to receive any compensation under this clause will stand amended such that the total entitlement is reduced by an amount equivalent the signon bonus
Asked 3 years ago
If you have accepted the offer letter with the said conditions and have signed it then you are obliged to comply with it
Therefore you may wait for completion of one year of employment and put down your papers confirming your resignation.
terms of contract are sacrosanct
2) you have not worked with organization for period of one year
3) if you resign company can recover bonus if there is clause to that effect in your contract
you are at liberty to sue your employer by filing suit for damages
however litigation is long drawn nd expensive proposition in India
Make use of “for any reason other than through no fault of employee within 12 months.” You can claim that employment is terminated without any fault of employee. The burden is on the employer to establish that termination is due to your fault, which he cannot.
Hello,
- The clause relating to the joining bonus is clearly with a rider that it is recoverable in case of termination or resignation before completion of 1 year in employment, however as you have described, you had been made to perform tasks that were outside your job description leading your decision to resign.
- Therefore, if you want to refuse to pay back the amount, you may do so and write to the company the reason for your not returning the joining bonus.
- In case the company issues you any Notice seeking recovery, send a reply through a lawyer.
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Since, at the time of paying the said bonus amount to you , the company has taken an undertaking in the form of Surety bound to make you liable to pay the said amount , if you will not completed the one year service.
- Further, as not even a single task was matching to Job description they explained during interview, then you can blame the company for the cause of resignation from the job, and can give a notice to the said company to destroy your career & time , and can refuse to pay the said amount
- However , you are liable to the notice period which is mention in the notice period.
Dear client I am sorry to hear that but in this case you have to go through the agreement between you and the company.
The said condition can be challenged
