Hi;
We provided relocation to employees who joined last year November. Now our management wants us to recover the same from them incase they leave the company before 1 year.
However, we did not mentioned this recovery iclause in Appointment letter, Relocation resimbursement Approval note or HR Policy handed over to the employees during joining.
Also a new circulation came stating effective from feb 09 any employee joining the Relocation will be recovered if he or she leaves the company before completion of on year starting from the DOJ.
So my question is can we legally or ethicaly recover the relocation amount from any employee who joined before feb 09 or at november 2008?
What are the legal and ethical implication the company can go through.
Thanks for quick suggestion.
From India, Mumbai
We provided relocation to employees who joined last year November. Now our management wants us to recover the same from them incase they leave the company before 1 year.
However, we did not mentioned this recovery iclause in Appointment letter, Relocation resimbursement Approval note or HR Policy handed over to the employees during joining.
Also a new circulation came stating effective from feb 09 any employee joining the Relocation will be recovered if he or she leaves the company before completion of on year starting from the DOJ.
So my question is can we legally or ethicaly recover the relocation amount from any employee who joined before feb 09 or at november 2008?
What are the legal and ethical implication the company can go through.
Thanks for quick suggestion.
From India, Mumbai
Ethically it is unfair. I do not think any legal implications on the recovery becoz it is the policy of the company.
From India, Lucknow
604From India, Lucknow
you have got an undertaking from the employees to this effect. Without policy or undertaking, it is ultra vires to recover any money paid to the employees. This is my opinion.
From India, Lucknow
From India, Lucknow
I think that the relocation allowance paid to employees can be recovered from those who joined before the circular came in but have not yet completed one year of service.
To check the legality of the action, the exact wordings of the circular need to be seen.
Further, you can amend the circular and clearly mention the effective date of the rule as per the decision of your management.
Hope this can help you.
Thanks & Regards,
Avika
09310270884
From India, New Delhi
To check the legality of the action, the exact wordings of the circular need to be seen.
Further, you can amend the circular and clearly mention the effective date of the rule as per the decision of your management.
Hope this can help you.
Thanks & Regards,
Avika
09310270884
From India, New Delhi
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Relocation.doc