Dear All, Please advise on the following:
I have joined 1 company and resigned during the probation period as per the term of the contract.
As per appointment letter company has paid me Joining bonus of Rs.2 Lac and which shall be refundable to the company if left the job before completing of 1 year.
There is another clause in appointment letter on cooling period as below :
"If at any time you are relieved of your services by the Company or you tender your resignation, then you shall refrain from joining a competitor firm or starting your own business affairs, competing with Company in any nature whatsoever, for a period of three months commencing on the date of termination of employment or acceptance of resignation. The Company shall compensate you by providing three month’s salary in lieu of the Cooling Period".
I understand that Bonus is refundable to the company as I left company before completing 1 year.
However I am opinion that company should pay the three month salary as per above term as they are refraining me to joining a competitor firm or starting your own business affairs, competing with Company in any nature whatsoever.
However, company have denied the compensation mentioning that the compensation in lieu of cooling off period is given solely at the discretion of the company for those employees who have been in employment for a reasonable period of time and definitely not for someone who is on probation and has left the company within 3 months.
I seek your advice on the cooling period compensation. Is the company legally bound to pay the cooling period compensation? Kindly advise.
From India, Mumbai
I have joined 1 company and resigned during the probation period as per the term of the contract.
As per appointment letter company has paid me Joining bonus of Rs.2 Lac and which shall be refundable to the company if left the job before completing of 1 year.
There is another clause in appointment letter on cooling period as below :
"If at any time you are relieved of your services by the Company or you tender your resignation, then you shall refrain from joining a competitor firm or starting your own business affairs, competing with Company in any nature whatsoever, for a period of three months commencing on the date of termination of employment or acceptance of resignation. The Company shall compensate you by providing three month’s salary in lieu of the Cooling Period".
I understand that Bonus is refundable to the company as I left company before completing 1 year.
However I am opinion that company should pay the three month salary as per above term as they are refraining me to joining a competitor firm or starting your own business affairs, competing with Company in any nature whatsoever.
However, company have denied the compensation mentioning that the compensation in lieu of cooling off period is given solely at the discretion of the company for those employees who have been in employment for a reasonable period of time and definitely not for someone who is on probation and has left the company within 3 months.
I seek your advice on the cooling period compensation. Is the company legally bound to pay the cooling period compensation? Kindly advise.
From India, Mumbai
Hi Mahendra - Dohale,
If I had understood your post right, it appears you submitted your resignation during your probation period. But there is no clarity regarding the notice period in your post.
From the succeeding paragraph it appears your Company has 3 month's notice period. Again your post is not clear whether you were willing to serve the full notice period of 3 months and your employer relieved you before the end of the 3 month's notice period.
Hence, you may provide the following details to give an appropriate reply
1. Your date of joining the organisation.
2. Your date of resignation from the organisation.
3. The notice period applicable to you as per terms of employment.
4. Were you willing to serve the full notice period, if so when does your notice period end.
5. Did the employer relieve you from services or you quit employment or your employer terminated your services before the end of notice period, though you were willing to serve the full notice period.?
6. When did you actually quit the job?
Answer to these queries will help us to offer opinions/ suggestions/ responses.
Regards
MVK
From India, Madras
257If I had understood your post right, it appears you submitted your resignation during your probation period. But there is no clarity regarding the notice period in your post.
From the succeeding paragraph it appears your Company has 3 month's notice period. Again your post is not clear whether you were willing to serve the full notice period of 3 months and your employer relieved you before the end of the 3 month's notice period.
Hence, you may provide the following details to give an appropriate reply
1. Your date of joining the organisation.
2. Your date of resignation from the organisation.
3. The notice period applicable to you as per terms of employment.
4. Were you willing to serve the full notice period, if so when does your notice period end.
5. Did the employer relieve you from services or you quit employment or your employer terminated your services before the end of notice period, though you were willing to serve the full notice period.?
6. When did you actually quit the job?
Answer to these queries will help us to offer opinions/ suggestions/ responses.
Regards
MVK
From India, Madras
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