Saswatabanerjee
Partner - Risk Management
Honeyanshi
Vice President (hr&ir)
+1 Other

Thread Started by #Anonymous

Hi! I came across a case where a fresh GET was hired by MNC IT company with a clause that He would be given Rs x lacs as joining bonus without any further T&C. As part of appointment clause, one month basic was to be paid in case of resignation and not serving notice period.
A GET joined and completed the joining formalities on the first day but went and informed HR the very next day that she/he does not want to work and would quit after serving for a month. After failing to persuade the candidate to change mind, HR asked the person to resign and post this demanded one month's basic else be threatened for a bad reference. The GET paid up and was promised a settlement letter which never came.
Was the HR right in its approach to collect one month basic without paying a single day salary? If yes then technically does the same logic entitles GET for x lacs joining bonus?
24th November 2017 From India, Delhi
There are all type of personalities are seen in the market. Whatever that HR did it might be his personal call or may be culture of that organization. We can not comment unless we know full facts of the case.
24th November 2017 From India, Pune
Check your appointment letter, if notice period not mention ... not required to submit pay in lieu of notice period.... as you were appointed as GET, might be not mention and required also as per general practice .
25th November 2017 From India, undefined
First, I would like to know whether this is a hypothetical case or real
Because you are not even sure whether the employee was male or female
In any case why will someone pay a months notice for leaving after a day. Where is the chance of HR giving bad reference ? Do you think someone will give a days job as experience in their CV
27th November 2017 From India, Mumbai
Mr Banerjee, the case is real and gender immaterial. The candidate in innocence and fear (was threatened by HR of causing trouble in future employment) of any future repercussion has paid one month notice without earning a single rupee.
I seek opinion on two things:
1. Is it legal to take one month's salary citing appointment order clause without remitting even a single day's salary? the cheque is taken in favour of company.
2. If a single day joining is considered for the exit clause to kick in i.e recovery of money then by virtue of the same logic, should joining bonus not be the right of the employee too .
30th November 2017 From India, Delhi
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