Legal Question in Employment Law in India

I joined a company on 1-jan-12, my offer included a signing bonus of 50k. The clause was that i can claim this money after 6 months of joining and, have to repay if i leave before 6 months of PAYOUT date.

I applied for bonus on 25-AUG-12, but got paid with September salary.

Now my last working day was 22-MAR-13, which is 1 week less than 6 months from PAYOUT date. ( 01-oct-12 - 22-mar-13 )

Is it not unfair, should i not be allowed to take my joining bonus whenever i want. I have completed 6 months from joining but should i not be allowed to take my bonus late so that i can plan my money according to my wish.

Now my company is asking me to payback the bonus. is there anything that i can do?

should not the 6 months countdown start from 01-JULY-12? This is a clear case of deception from employer.


Asked on 4/24/13, 6:40 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

24.04.2013

Dear Sir / Madam,

Your Company ought to have effected the pay out within 3 days of your applying for it. Which means the Company should have paid you Rs. 50,000/- by the 28th of August, 2013. But the Company for no reason whatsoever delayed the payment for which you are not responsible. You should tell your Company that you have completed more than six months service from the date you applied for the bonus and hence it is unjust and unfair to ask you to return it back.

Regards,

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Answered on 4/24/13, 9:18 am


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