Hello Sir,
I joined my company, Capgemini, on 6th June 2020, and I did not receive any salary hike from the company. Instead, they provided me with a joining bonus of 1.65 lakh for two years. I was initially hesitant to join the company, but my hiring manager assured me that the bonus would be waived off within a year due to the urgent client requirements. I trusted his verbal commitment, signed the paper, and joined.
However, I have recently resigned from the company on 18th January 2022. The company is now demanding repayment of the bonus amount, despite my manager acknowledging his commitment in front of the company and informing seniors via email. I have also shared a recorded conversation with my manager regarding this matter. Despite all this, the company is insisting on the repayment, causing me mental stress especially since I have been unemployed for the past 4 months.
I am considering taking legal action against the company. Could you please advise me on what steps I should take in this situation? Your guidance would be greatly appreciated.
From India, Chennai
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I joined my company, Capgemini, on 6th June 2020, and I did not receive any salary hike from the company. Instead, they provided me with a joining bonus of 1.65 lakh for two years. I was initially hesitant to join the company, but my hiring manager assured me that the bonus would be waived off within a year due to the urgent client requirements. I trusted his verbal commitment, signed the paper, and joined.
However, I have recently resigned from the company on 18th January 2022. The company is now demanding repayment of the bonus amount, despite my manager acknowledging his commitment in front of the company and informing seniors via email. I have also shared a recorded conversation with my manager regarding this matter. Despite all this, the company is insisting on the repayment, causing me mental stress especially since I have been unemployed for the past 4 months.
I am considering taking legal action against the company. Could you please advise me on what steps I should take in this situation? Your guidance would be greatly appreciated.
From India, Chennai
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Whether you can file a legal case or what is the chance of you winning the same is something you need to ask your lawyer. However, do remember that a legal case is very expensive and time-consuming, unless you get help from some NGO, Union, or family member.
With reference to your main query, you have signed an agreement stating that you will pay back the joining bonus if you do not work for 2 years. It is stupid to sign it, more so when you know the company needs you and wants you there; you should have insisted on changing the clause.
Once you have signed the agreement, you need to abide by it. Incidentally, I don't understand why you left the job if you are unemployed for the last 4 months.
As for the other documentation, it depends on a) whether the manager had the authority to give you the waiver and whether his email documents that it was agreed between you and him or whether it is a request/suggestion. b) whether the said email was before or after you signed the agreement. If you signed the agreement after his email, then you have agreed and changed the terms to accept working for 2 years.
From India, Mumbai
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2638With reference to your main query, you have signed an agreement stating that you will pay back the joining bonus if you do not work for 2 years. It is stupid to sign it, more so when you know the company needs you and wants you there; you should have insisted on changing the clause.
Once you have signed the agreement, you need to abide by it. Incidentally, I don't understand why you left the job if you are unemployed for the last 4 months.
As for the other documentation, it depends on a) whether the manager had the authority to give you the waiver and whether his email documents that it was agreed between you and him or whether it is a request/suggestion. b) whether the said email was before or after you signed the agreement. If you signed the agreement after his email, then you have agreed and changed the terms to accept working for 2 years.
From India, Mumbai
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