Retention bonus
9 months ago
My company has given me retention bonus for 2 years retention and during they offered bonus, they verbally communicated that it will be of Pro-RATED basis if I resign within two years. My two years is completing on November this year and I want to relieve from the position by sept end. Now the company is asking me entire retention bonus amount.
My company has not communicated through mail or signed any agreement for retention bonus. What steps can i take to get my relieving smoothly.
A.Dear Client,
In the prevailing situation, your need to go through your offer letter that governs the relationship between an employee and employer. In the absence of, a written condition in the offer letter, nonverbal communication is not enforceable and binding on the employee and in breach of said condition Company cannot claim the refund of the retention bonus that you earned by virtue of your contribution to the growth of the Company in case you tender resignation before the completion of the contractual period. And the Company/employer can not withhold your experience/relieving letter and recover the retention bonus from you on cessation of your employment on resignation. Such an action on the part of the Company amounted to unfair lablour practice as defined u/s.2(r) and Fifth Schedule of I D Act, 1947. So in the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers
In the prevailing situation, your need to go through your offer letter that governs the relationship between an employee and employer. In the absence of, a written condition in the offer letter, nonverbal communication is not enforceable and binding on the employee and in breach of said condition Company cannot claim the refund of the retention bonus that you earned by virtue of your contribution to the growth of the Company in case you tender resignation before the completion of the contractual period. And the Company/employer can not withhold your experience/relieving letter and recover the retention bonus from you on cessation of your employment on resignation. Such an action on the part of the Company amounted to unfair lablour practice as defined u/s.2(r) and Fifth Schedule of I D Act, 1947. So in the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers
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