Company asking last 6 months salary because I am leavng before 1 year full-time. Company asking last 6 months salary because I am leavng before 1 year full-time.

1 year ago

I joined the company as a trainee engineer straight out of college and in the trainee offer letter it was mentioned that

"If you are offered a permanent / part-time employment with the company, we would expect you not to resign for at least a minimum period of 1 year subject to the terms of your employment agreement / appointment letter. If you resign within the first year of your employment with the Company, you would be liable to pay the Company your last six months’ salary. You agree that this is reasonable as the Company will be investing significant time and resources for your training"

I spent 3 months in training in which I was getting a 40,000 stipend per month. Then I got FTE to offer on 26th Dec 2021.

but when I got the FTE offer letter, nothing about payback was mentioned. But now when I am leaving after spending 9 months with the company they are asking me to pay back the last 6-month salary which is 3.5Lakhs.

What legal laws can I use for my defense in this case

Subhashis Paul

Responded 1 year ago

A.According to the first trainee offer letter provided to you, you are liable to pay the penalty but since you got another offer letter with a promotion so you may not be liable to pay such penalty as per the law but depending on various circumstances like your reason for resignation, etc. You need to have a direct consultation with all the relevant documents for getting the best possible remedy.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

View All Answers
A.Sir you're liable to pay the money because it was clearly mentioned in your terms and conditions of.you leave anytime before 1 year, you'll be liable to pay, therefore nothing can be done.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconNeed help in securing my stake that was promised verbally
Dear Client, Verbal promises or commitments as to a 4% stake in the company do not constitute a valid agreement. So, in absence of a contract on the subject, you can't sue or take any action against t...
question iconSeeking Legal Advice Regarding Employment Issue
Dear Client, Usually, PSUs enter into agreements with outsourcing agencies that provide manpower for a particular project or for general day-to-day work in a particular department. PSUs go for outsour...
question iconAccountant in a production house
Dear Client, The relationship between a probationer and the employer is also governed by the terms of the contract of employment or offer letter. A Probationer is not treated as an employee in the pe...
question iconNot paid the April month salary
Dear Client, In the prevailing situation, after serving a legal notice for the cause, a complaint against the School Management can be lodged over non-payment of salary to the National Council of Teac...
question iconSalary deduction for not serving notice period
Dear Client, It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice t...