Legal Question in Employment Law in India

Dispute in settlement of Final Dues (Recovery of Joining Bonus)

Following is the exact clause in the Offer letter given to me by the employer

Sign On Bonus:

A Sign On Bonus will be paid on acceptance and on joining the organisation. The amount being paid as Sign On Bonus is Rs 100,000/-.

If for any reason your services with the organisation are terminated either by mutual consent or by either party with reasonable notice, the following will apply on the Sign On Bonus.

� Rs 100,000/- will be recovered from the candidate if the services are terminated within six months of joining.

I had joined the organization on 1st October 2008 and my last working Day with the Organization was 7 th April 2009.I had tendered my resignation on 24th march 2009 giving a notice period till 7th april 2009 and the employer agreed to it.

The employer is now recovering the joining bonus from my dues, stating that I have resigned before completing six months and hence as per the terms of offer letter the joining bonus is not payable. Whereas I am debating that I have tendered my services to the company for Six months and seven days and the joining bonus should not be recovered.

Please advise if I have a strong case to contest my claim? What Action can I take against the employer to recover my full dues?

3 Answers from Attorneys

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