V.Raghunathan
Process Industry Consultant / Soft Skill
Dn1987
Service
+1 Other

Thread Started by #dn1987

Hi,
I have the time of refund of Joining Incentive different in Offer Letter and Appointment Letter. Offer Letter (signed and agreed between employee and employer) is few months older than Appointment Letter (signed and agreed between employee and employer). Offer Letter mentions that Joining Incentive needs to be refunded if left within 2 years. Appointment Letter mentions that Joining Incentive needs to be refunded if left within 1 years. Which is a more valid legal document?
5th June 2015 From India, Bangalore
Appointment order is more legal a document which specifies terms and conditions. The period being different in these two documents is a mere clerical mistake which company can rectify.
5th June 2015 From India, Pune
Hi NATHRAO,
Thanks for your update. But, I have left the organization after 1 year adhering to the norms in the Appointment Letter. But organization is now asking for refund. Is that legally possible?
5th June 2015 From India, Bangalore
The demand of the company can easily be contested.
The company cannot try and benefit out of their mistake.
Give a diplomatic reply drawing attention to what you have accepted as per appointment letter.
5th June 2015 From India, Pune
Hi,
In the chronology of documents the Appointment letter is the more recent one and hence binding.
However if there is a discrepancy it has to be looked into by both the parties immediately.
If this had not been done then whatever is the latest prevails.
You have not mentioned on what basis they are asking for refund.
Are they citing Appointment letter or Offer Letter?
The above approach is based on logic.
To get a legal opinion you have to get it from Legal experts.
If I remember right there are many senior legal experts like Mr.Kargoankar and
Mr Madhu who interact in Cite HR forum. Please write to them with a personal request.
V.Raghunathan
5th June 2015 From India
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