Appointment letter & Joining Bonus.
Hi,
I had this query & was hoping if someone could advise me on this.
I had joined a Outsourcing firm last year in Jan & had recieved a joining bonus of 2.5 Lac. The payment of this joining bonus was also mentioned on my appointment letter & there was a condition mentioned that I’ll have to return this entire amount if I left the organization before 2 year from my joining. Now there’s a serious health issue in my family, my brother had to go through a major sugery & this surgery will take a long period (4-6 months) to recover. My family comprises of my brother & mother - house wife (both dependent) and are based out of Pune & I am working in HYD. Accordingly it is very important for me to be along with my family during this time of crisis as my mother(54) alone cannot handle this situation.
I had accordingly asked my management to transfer me to our Pune office (as per company policy transfers can me made in 12 months post joining so I am eligible). However my management has not agreed to this and its already been more than 2 months I am waiting to hear from them. Its getting very difficult for me to continue due to these circumstances.
Now I want to know what will be my obligation towards the repayment of this joing bonus as I am already running a lot of finanical crisis due to medical expanses spent on my bro’s health.
5 Replies
The amount need not be returned since transferv is a part of company policy and if in exigencies of service any post or requirement is available in Pune ,then your company has to transfer you in accordance with the guidelines
Though you mention that transfer can be made after 12 months, however, I would assume that it won’t be automatic and there would be an amount of discretion with the management. It is difficult to opine on this without seeing the appointment letter. Is the bonus termed as a loan? does the wording suggest that of a bond? Or is it merely a joining bonus (that is, an incentive to make a candidate join the company). Accordingly, one needs to formulate the strategy. Further, they cannot ask for the entire amount of Rs. 2.5 lacs to be returned (considering that you have completed more than half of the two year period) but maybe a pro rata portion of the non-completed service.
Wilson John wrote:
[quote]The amount need not be returned since transferv is a part of company policy and if in exigencies of service any post or requirement is available in Pune ,then your company has to transfer you in accordance with the guidelines[/quote].
Additionally the company has it branch office in Pune and that they carry on the same business. It would be in the interest of administration and in the exigencies of services that you should be transferred. In any event they cannot stopp you from taking a long leave for at least 2 months and beyond if you have leaves to your credit.
Thanks all for your response.
The words re joining bonus as mentioned on the appointment letter are as below
“You will receive a joining bonus of Rs 2,50,000 subject to your joining us on or before 23- December . Which will be paid to you within 45 days of your start date or on your next payroll date whichever is earlier. Since this bonus is begin paid to encourage you to accept our offer and remain employed for atleast a period of two years , This bonus payment must be repaid to the organization within 30 days should you voluntarily terminate your employment within 2 years of your start date.”
Yes that’s correct it is at managements discretion to allow someone to take a transfer.
Hi,
I just read my appointment letter & found that the language was a bit different from what I mentioned abv (on the email that I sent acceptence for initially).
Language as mentioned on letter is as “You will receive a joining bonus of Rs 2,50,000 subject to your joining us on or before 23- December . Which will be paid to you within 45 days of your start date or on your next payroll date whichever is earlier. Since this bonus is begin paid to encourage you to accept our offer and remain employed for atleast a period of two years , This entire bonus payment must be repaid to the organization within 30 days should you cease to be an employee of the company within 2 years of your start date. The Company at its sole discreation, if it thinks so fit to do, waive any portion of or the entire amt repayable by you”