Legal Question in Employment Law in India

I was working with a company 3 months back. They told me one day that my performance is bad and I have to leave the company. But company will pay me 1 month salary and the last month salary for the days I worked. Also, when I joined the company I took a joining bonus amount which I was supposed to return if I leave the company before 2 years. Since they asked me to leave before 2 years, I asked them to waive off my joining bonus recovery. HR agreed to it and told me that I should take Manager\'s approval for this. My manager approved this. And they told me that I can collect my settlement amount after 45 days. They also told me to write a resignation letter on the same day. After 45 days, they told me to come after 2 weeks as my case is complicated. I called them again after 2 weeks and they told me to come and collect the cheque. When I went there, I asked them why they deducted my joining bonus amount. To which they said, it\'s company policy and they cannot change it. Now they sent me a notice that I took the letter illegaly from them and I threatened them. But I didn\'t do anything. Infact, I was just asking them a logical explanation for this. They also wrote to me that they will file a police complaint against me. What should I do now?


Asked on 8/14/14, 4:40 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.08.2014

Dear Sir / Madam,

Having submitted your resignation entitles the Company to recover the joining bonus amount from your full and final settlement dues. If you would have rightly asked the Company to terminate your services, the Company was liable to waive the joining bonus amount plus pay you the notice period salary. I do not envisage that the Company will take any further action in the matter as it is settled.

Regards,

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Answered on 8/14/14, 7:42 am


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