Recovery of Money after 4years
9 months ago
Six years ago, I joined in an MNC and in Appointment letter they mentioned Retention bonus of 1lac which they will pay end of second year that needed to repay if I leave before 5 years of service in that group. I departed from my previous company after receiving bonus and paid amount for not fulfilling the notice period and other outstanding payments which they asked for. They didn't asked for retention bonus then. Unfortunately, despite my departure, the company did not issue me a service certificate. Recently, I reached out to request the service certificate, and in response, they are now asking me to repay a retention bonus mentioned in my appointment letter, which they had paid but did not recover during my relieving.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Review your Appointment Letter: Carefully review the terms and conditions outlined in your appointment letter regarding the retention bonus. Pay attention to any clauses or provisions related to repayment if you leave before completing a specified period of service.
Employment Contract and Obligations: Consider whether you had a signed employment contract that specifically addressed the retention bonus and any repayment obligations. The terms and conditions outlined in the contract will be essential in determining your legal obligations.
Company Policies and Practices: Research the company's policies and practices regarding the repayment of retention bonuses. Check if there are any specific guidelines or procedures mentioned in the company's policies that address this situation.
Seek Legal Advice: Given the complexity of your situation, it is advisable to consult with an employment lawyer who can review your appointment letter, employment contract (if applicable), and any other relevant documents. They can provide you with accurate advice based on the laws and regulations in your jurisdiction and help you understand your rights and obligations.
Negotiation or Settlement: Depending on the advice of your lawyer, you may consider negotiating or discussing a possible settlement with the company. It may be helpful to explain your side of the situation and present any documentation or evidence that supports your case.
Once the employer accepted your resignation and relieved you with the payment of F & F Settlement of dues, the employer is duty-bound to issue you a service/experience certificate to an ex-employee, For the lapse on their part to realize or recover the retention bonus as per contract of employment which become infructuous and unenforceable on acceptance of resignation and payment of F & F dues in terms of employment and also barred by limitation. So, the employer can neither claim nor force an ex-employee for payment of the same as a matter of right. If any dispute arises, reach out to the office of the concerned Labour Commissioner for redressal of your grievance against the employer/Company
employer prevented to join other workplace
Forcefull overtime on weekends with Half day salary
Obc ncl
Pf overlaping issue
Pf exit date noy done by employer
