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UI joined a company in 2024 which said they will give me a joining bonus of 85,000 INR along with my 1st salary and if I leave the company within 12 months , I will have to return the joining bonus.
The twist is, due to delay in Approval they credited joining bonus along with my 2nd salary (not 1st salary) and I left the organization within 12 months.
The clause on offer letter states –
You will also receive a one-time cash payment of INR 85000/- less applicable withholdings and deductions and payable as part of the first salary processed post joining the company. This payment is contingent upon your agreeing to refund this payment as part of your full and final obligations to the company, in the event that you have (1) voluntarily resigned, (2) given notice of your voluntary resignation or (3) been subject to disciplinary dismissal prior to one year from D0J.
Genuine question –
1) On the verbiage it is mentioned one time CASH payment, does it really mean they have to pay me in cash or will be credited to my bank account? because it got credit with my 2nd salary2) The one time bonus I received with my 2nd Salary and NOT with my 1st salary as mentioned in the verbiage/clause. Now Since the clause was not fully adhered to as per the agreed terms, does the refund obligation still applies.
As proof I have salary slip which shows that on the 2nd salary cycle after joining I received the joining bonus.
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SCash in a business transaction refers to money not currency. The clause means that 85000 will be paid as money and not as a benefit.
By accepting the money and not complaining about the delay you have implicitly condoned the delay if there was one.
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USO due to the delay I had escalated the issue and I was informed that this is due to delay in approval process. Since they did not adhere to the clause of crediting it with my 1st salary, can the employee disregard the second part of the clause?
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SMy dear sir, how many salaries have been credited since then ? After taking the money you want to retain it alleging non compliance that too after a long period. The maximum relief any court may grant is interest on the delay. Is the reason stated in your resignation as the primary factor in exiting? Stop watching legal shows where a lawyer miraculously arrives at a favourable outcome by a complicated sleight of hand.
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