Is It Legal for My Employer to Withhold My Service Certificate Over a Bonus Dispute?

I worked for Barclays Technology Center India in Pune between April 8, 2013, and October 3, 2013. I was asked to resign by my employer. Now, after my last working day, HR is telling me that I have to return the joining and relocation bonus to the company; otherwise, they will not issue me any Service Certificate or Release Letter.

Please help. I believe that even if there is some settlement due from either end, the service certificate should not be withheld by the employer. Could you please advise if the employer's actions are legal or not?

Hi, I have worked for Barclays Technology Center India in Pune between April 8, 2013, and October 3, 2013. I was asked to resign by my employer. Now, after my last working day, HR is telling me that I have to return the joining and relocation bonus to the company; otherwise, they will not issue me any Service Certificate or Release Letter.

Legal Concerns Regarding Service Certificate Withholding

Please help. I believe that even if there is some settlement due from either end, the service certificate should not be withheld by the employer. Do let me know if the employer is acting legally or not.

Clause in Offer Letter

Note: They do have a clause in their offer letter that requires me to return these amounts if I resign before completing 1 year of employment. However, this clause does not specify what happens in the case of forced resignation!

Regards,

Let's think practically. There are two options left for you: either you pay the Joining and Relocation Bonus, or you take the Service Certificate. If you do not pay the Relocation Bonus, they will not issue the Service Certificate. If you force them to do so legally, they will give you the termination letter. Forced resignation is equivalent to termination, so before you act, think twice. That's the only advice from my end.