Archived forum thread. This discussion is preserved for posterity from the Legally India Topical forum and is no longer active.

Joining bonus

rahul86 1 Jun 2010, 23:02

I have recieved a joining bonus when I joined the company and this was mentioned in the offer letter. However no mention was made regarding repayment incase of separation and I have not signed any joining bonus agreement too.

But the company policies (listed on the website) state that the joining bonus has to be repaid in case I leave without completing 2 years.

Is it possible for the company to demand the joining bonus back without having any legally binding document (signed by me). What happens if I refuse to pay the same.

[I have completed 1.5 yrs at the company]

(Note: It is mentioned on the offer letter that the rules, policies, procedures and guidelines are subject to change from time to time, at the sole discretion of the management without giving notice or assigning any reason thereof.)

5 Replies

AnonymousLLB 2 Jun 2010, 17:18

No, the terms and conditions on the awbsite will not be binding on you until and unless you have clicked an ‘I Agree” or any other affirmative button below it. If you have, the conditions are binding upon you as it would form a contract popularly known as a ‘click wrap’ contract or agreement.

Also go through the contract you had signed while you were hired by the company. If there are no such terms therein, you shall not be liable to pay the amount even if you decide to quit before the completion of 2 years.

For further advice, consult a lawyer you know.

Hope you found this helpful.

AnonymousLLB 2 Jun 2010, 17:25

I beg your pardon. I guess I missed the last paragraph of your query.

In case you have signed and ratified the offer letter which gives the priviledge to the company to alter the terms and conditions of your employment, you might be liable to pay the amount in case you decide to leave before the completion of 2 years.

AnonymousLLB 17 Dec 2010, 16:12

Hello,

A related query on the “Joining Bonus” discussion.

I signed a Joining Bonus Agreement with a company, under the condition that I should be repaying the amount if I quit the company within 1 year.

However, I have decided to move outside and informed the company also about the same. I also served the notice period time as regulated by the company and have received all the necessary letters. But, there was no mention from the Company HR about the joining bonus.

I will be leaving the company next week. Does the agreement holds in this case? Because, I have received all the letters and completed every formality thats required.

Please assist me in the above issue.

Thanks and Regards,

Rahul.

mstriguna 5 Sept 2013, 10:34

Deleted:

avinalobo 5 Sept 2013, 14:47

I have been through the same thing. In my case it was a retention bonus where the letter said nothing about repayment in case you leave the company. In my case the entire retention bonus was not paid.. only the amount for the quarter. I left after completing the quarter. However to my shock, I discovered they deducted the amount including the tax from my F & F. Since My F&F was not much as they also had to recover notice pay, there was a balance payable that I had to give to the company. Which I refused to do.

I got sent a notice for which I sent a few replies. The company them filed a suit for recovery and I received a summons. I engaged an advocate and filed a WS. The case got transferred from City Civil Court to Dindoshi court after which I havent heard of this for the last 8 years. My advocate told me in the absence of any express terms in the letter with respect to repayment, the company cannot recover te money from you.

of course now that I am an advocate, I intend to find out what happened to the case. But my guess it the persons in legal following this up have all quit and it has gotten lost in the mountains of litigation that a telecom company does in recovering money. But just wrote this to highlight the extent that a company can go through to recover 10,000 rupees!