Hi! I came across a case where a fresh GET was hired by an MNC IT company with a clause that he would be given Rs x lacs as a joining bonus without any further terms and conditions. As part of the appointment clause, one month's basic salary was to be paid in case of resignation and not serving the notice period.
The GET joined and completed the joining formalities on the first day but informed HR the very next day that they did not want to work and would quit after serving for a month. After failing to persuade the candidate to change their mind, HR asked the person to resign and demanded one month's basic salary, or else they would be threatened with a bad reference. The GET paid up and was promised a settlement letter that never came.
Was the HR right in its approach to collect one month's basic salary without paying a single day's salary? If yes, then does the same logic technically entitle the GET to the x lacs joining bonus?
From India, Delhi
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The GET joined and completed the joining formalities on the first day but informed HR the very next day that they did not want to work and would quit after serving for a month. After failing to persuade the candidate to change their mind, HR asked the person to resign and demanded one month's basic salary, or else they would be threatened with a bad reference. The GET paid up and was promised a settlement letter that never came.
Was the HR right in its approach to collect one month's basic salary without paying a single day's salary? If yes, then does the same logic technically entitle the GET to the x lacs joining bonus?
From India, Delhi
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There are all types of personalities seen in the market. Whatever HR did, it might be his personal decision or it may be the culture of that organization. We cannot comment unless we know all the facts of the case.
From India, Pune
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494From India, Pune
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Check your appointment letter. If the notice period is not mentioned, you are not required to submit pay in lieu of the notice period. This might be the case as you were appointed as a GET, which may not have been explicitly stated but is typically required as per general practice.
From India, undefined
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From India, undefined
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First, I would like to know whether this is a hypothetical case or real. Because you are not even sure whether the employee was male or female. In any case, why would someone pay a month's notice for leaving after a day? Where is the chance of HR giving a bad reference? Do you think someone will list a day's job as experience on their CV?
From India, Mumbai
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From India, Mumbai
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Mr. Banerjee, the case is real and gender immaterial. The candidate, in innocence and fear (was threatened by HR of causing trouble in future employment), has paid one month's notice without earning a single rupee.
I seek opinion on two things:
1. Is it legal to take one month's salary citing the appointment order clause without remitting even a single day's salary? The cheque is taken in favor of the company.
2. If a single day of joining is considered for the exit clause to kick in, i.e., recovery of money, then by virtue of the same logic, should the joining bonus not be the right of the employee too?
From India, Delhi
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I seek opinion on two things:
1. Is it legal to take one month's salary citing the appointment order clause without remitting even a single day's salary? The cheque is taken in favor of the company.
2. If a single day of joining is considered for the exit clause to kick in, i.e., recovery of money, then by virtue of the same logic, should the joining bonus not be the right of the employee too?
From India, Delhi
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Public Notice from Government of Maharashtra Department of Labour Bonus payment through banks on.pdf
Amendment to Payment of Bonus Act 2015.jpg