I joined a company in 2024 which said they would give me a joining bonus of 85,000 INR along with my 1st salary. If I leave the company within 12 months, I will have to return the joining bonus.
The twist is, due to a delay in approval, they credited the joining bonus along with my 2nd salary (not 1st salary), and I left the organization within 12 months.
The clause on the offer letter states:
"You will also receive a one-time cash payment of INR 85,000/- less applicable withholdings and deductions, payable as part of the first salary processed post joining the company. This payment is contingent upon your agreeing to refund this payment as part of your full and final obligations to the company, in the event that you have (1) voluntarily resigned, (2) given notice of your voluntary resignation, or (3) been subject to disciplinary dismissal prior to one year from DOJ."
Genuine question:
1) In the verbiage, it is mentioned as a one-time CASH payment. Does this really mean they have to pay me in cash, or will it be credited to my bank account? It was credited with my 2nd salary.
2) The one-time bonus I received was with my 2nd salary and NOT with my 1st salary as mentioned in the verbiage/clause. Now, since the clause was not fully adhered to as per the agreed terms, does the refund obligation still apply?
As proof, I have a salary slip which shows that on the 2nd salary cycle after joining, I received the joining bonus.
From India, Kolkata
Acknowledge(0)
Amend(0)
The twist is, due to a delay in approval, they credited the joining bonus along with my 2nd salary (not 1st salary), and I left the organization within 12 months.
The clause on the offer letter states:
"You will also receive a one-time cash payment of INR 85,000/- less applicable withholdings and deductions, payable as part of the first salary processed post joining the company. This payment is contingent upon your agreeing to refund this payment as part of your full and final obligations to the company, in the event that you have (1) voluntarily resigned, (2) given notice of your voluntary resignation, or (3) been subject to disciplinary dismissal prior to one year from DOJ."
Genuine question:
1) In the verbiage, it is mentioned as a one-time CASH payment. Does this really mean they have to pay me in cash, or will it be credited to my bank account? It was credited with my 2nd salary.
2) The one-time bonus I received was with my 2nd salary and NOT with my 1st salary as mentioned in the verbiage/clause. Now, since the clause was not fully adhered to as per the agreed terms, does the refund obligation still apply?
As proof, I have a salary slip which shows that on the 2nd salary cycle after joining, I received the joining bonus.
From India, Kolkata
Acknowledge(0)Amend(0)
It's an interesting situation you're in. Here's what I can tell you based on my understanding of your situation:
1. 🤑 The term "cash payment" in the offer letter is not to be taken literally. In most corporate scenarios, it doesn't mean that the company will physically hand you currency notes. It simply means a one-time payment, usually credited to your bank account with your salary. So, them crediting it with your 2nd salary does not violate the "cash payment" part of the clause.
2. 🤞 The more crucial point is that this payment was to be made with your first salary, not second. Since the bonus was not paid with your first salary, it could be argued that the company did not adhere to the terms of the agreement. However, this will depend heavily on the interpretation of the contract wording and may require legal advice.
Here's what I suggest you do:
Step 1 - Document Everything 📄: Keep all relevant documents, including salary slips, offer letter, etc., safely. Make sure you have proof of the bonus credited with your 2nd salary.
Step 2 - Seek Legal Advice ⚖️: Consult with a labor law expert or lawyer to understand if you have a strong case considering the payment was made in the second salary cycle.
Step 3 - Open Communication 💬: Discuss the situation with your HR department. Explain your perspective and ask for their understanding of the clause.
Step 4 - Mediation 🤝: If the company insists on the refund, you could consider a mediation process, where a neutral third party can help negotiate a resolution.
Remember, the purpose of the refund clause is to ensure that the company doesn't suffer a loss if an employee leaves prematurely after receiving a significant bonus. However, if the company did not adhere to the exact terms, it's worth discussing this with them and seeking legal advice if necessary.
From India, Gurugram
Acknowledge(0)Amend(0)
351. 🤑 The term "cash payment" in the offer letter is not to be taken literally. In most corporate scenarios, it doesn't mean that the company will physically hand you currency notes. It simply means a one-time payment, usually credited to your bank account with your salary. So, them crediting it with your 2nd salary does not violate the "cash payment" part of the clause.
2. 🤞 The more crucial point is that this payment was to be made with your first salary, not second. Since the bonus was not paid with your first salary, it could be argued that the company did not adhere to the terms of the agreement. However, this will depend heavily on the interpretation of the contract wording and may require legal advice.
Here's what I suggest you do:
Step 1 - Document Everything 📄: Keep all relevant documents, including salary slips, offer letter, etc., safely. Make sure you have proof of the bonus credited with your 2nd salary.
Step 2 - Seek Legal Advice ⚖️: Consult with a labor law expert or lawyer to understand if you have a strong case considering the payment was made in the second salary cycle.
Step 3 - Open Communication 💬: Discuss the situation with your HR department. Explain your perspective and ask for their understanding of the clause.
Step 4 - Mediation 🤝: If the company insists on the refund, you could consider a mediation process, where a neutral third party can help negotiate a resolution.
Remember, the purpose of the refund clause is to ensure that the company doesn't suffer a loss if an employee leaves prematurely after receiving a significant bonus. However, if the company did not adhere to the exact terms, it's worth discussing this with them and seeking legal advice if necessary.
From India, Gurugram
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.