Pvenu1953@gmail.com
Retired Government Servant/advocate
Nathrao
Insolvency N Gst Professional
+2 Others

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Hi,
I need one help regarding Relocation reimbursement policy.
My offer/appointment letter mentioned that The candidate/employee has to serve a minimum period of one year with the company else they will have to reimburse the entire amount to the company.
In case I am resigning after completing 10 months and then I am serving complete 2 months notice period. Then, will it be considered as 1 year ? or I have to complete 1 year then , I have to resign and serve 2 months notice period.
I need this urgent help. your help is highly appreciated. Thanks.
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Strictly speaking notice period is like normal service with company.
However to avoid any dispute,please check out your Company HR policy manual on this issue.
Or if feasible speak to your HR on this issue.
Hello Nathrao,
Thank you so much for you reply.
As per your suggestion, 10 months + 2 months notice will be counted as 1year of service. Right?
I will also check my HR policy manual.
If any other person in the group have any other suggestion or opinion please share.
Thanks,
Sandy
"My offer/appointment letter mentioned that The candidate/employee has to serve a minimum period of one year with the company else they will have to reimburse the entire amount to the company."
The condition is illegal and against public policy, and hence void; a void condition can never be enforced.
Relocation policy would apply to reimbursement allowed to help the employees to move to the designated location when they are officially transferred by the employer. I doubt if the policy is applicable to your question which pertains to minimum period of service stipulated by the employer. CiteHr has published extensive discussion on the legality or minimum period of service; you can see this link as one of the sample instances:https://www.citehr.com/30808-bond-legal-india-pdf-download.html.
However, legal position is not of practical help because the legal process is a time consuming and expensive affair and it depends on how strongly your employer is ready to fight out a court battle. This means that for all practical purposes, whether the one year period in your case is 10 months of service plus two months of notice period or whether it is 12+2 would depend on employer's interpretation.
Cheers,
Ganesh
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