Hi
I need one legal advice on the conditional statement written in my offer letter.
Statement is : In case of relocation case (prospective employee joining from other location apart from Pune), employee will be required to serve minimum of 24 months in the organization from DOJ, failing to imply may result in gross CTC recovery equivalent to 3 months despite of serving notice period.
Now I am leaving company due to XYZ reason in 4 months and company is forcing me to pay 3 months gross salary otherwise they will take legal action on me and will not give relieving letter that was accepted by me at when joined a company.
Please advice as per indian labour law of sowtware companies - Does my company can take legal action on me if I will not pay the conditional amount(3 Months gross salary)? Or also let me know if any alternative and I can avoid to pay 3 months gross salary.
Thanks,
Tushar.
From India, Pune
I need one legal advice on the conditional statement written in my offer letter.
Statement is : In case of relocation case (prospective employee joining from other location apart from Pune), employee will be required to serve minimum of 24 months in the organization from DOJ, failing to imply may result in gross CTC recovery equivalent to 3 months despite of serving notice period.
Now I am leaving company due to XYZ reason in 4 months and company is forcing me to pay 3 months gross salary otherwise they will take legal action on me and will not give relieving letter that was accepted by me at when joined a company.
Please advice as per indian labour law of sowtware companies - Does my company can take legal action on me if I will not pay the conditional amount(3 Months gross salary)? Or also let me know if any alternative and I can avoid to pay 3 months gross salary.
Thanks,
Tushar.
From India, Pune
You are bound by the contract.
Breach of contract can result in legal consequences.
Probably you can negotiate with the company to pay back relocation expenses incurred by them during your transfer to Pune.
From India, Pune
3131Breach of contract can result in legal consequences.
Probably you can negotiate with the company to pay back relocation expenses incurred by them during your transfer to Pune.
From India, Pune
They are not ready neither for negotiation nor for increasing notice period. They strictly forcing to pay as per condition.
From India, Pune
From India, Pune
The company may take the legal route as it is a breach of contract.
The legal system is so slow that remedies will take long.
But one has to face consequences of one's action.
Try and mitigate the quantum of amount they are demanding.
From India, Pune
The legal system is so slow that remedies will take long.
But one has to face consequences of one's action.
Try and mitigate the quantum of amount they are demanding.
From India, Pune
Have you signed an offer letter or appointment letter or both? Please take a proper legal opinion from a lawyer before proceeding. Regards,
From India, Mumbai
From India, Mumbai
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