I am going through serious trouble. First, it was my resignation acceptance, which I forced him to accept. Now, my boss has come up with a new tactic.
On August 14, 2013, I received a good increment, but on December 24, 2013, I resigned as I got a good new opportunity. But now my boss says that I can't leave as I will face many financial losses, and to recover that, I have to pay back the incremented amount, or else he will stop the relieving process. Also, there is no kind of bond or anything that can stop me from leaving, and there is nothing written on the increment letter. He is only doing this to take revenge on me and show other employees what problems can occur if they try to leave.
I feel that this is against the law and complete torture. Please help me out with any legal advice or a good solution. What kind of steps should I take to make everything happen smoothly?
Please help as my last working day would be February 6, 2014, and I don't want to face any issues on my last day.
Waiting for a good and helpful response.
Regards
From India, Pune
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On August 14, 2013, I received a good increment, but on December 24, 2013, I resigned as I got a good new opportunity. But now my boss says that I can't leave as I will face many financial losses, and to recover that, I have to pay back the incremented amount, or else he will stop the relieving process. Also, there is no kind of bond or anything that can stop me from leaving, and there is nothing written on the increment letter. He is only doing this to take revenge on me and show other employees what problems can occur if they try to leave.
I feel that this is against the law and complete torture. Please help me out with any legal advice or a good solution. What kind of steps should I take to make everything happen smoothly?
Please help as my last working day would be February 6, 2014, and I don't want to face any issues on my last day.
Waiting for a good and helpful response.
Regards
From India, Pune
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Dear Pratik,
The first thing to understand is that an increment is based on your past performance, not on future expectations. They provided you with a good increment, assuming you had done a commendable job, which you deserved.
Now, if they are asking for the increment back, check your increment letter or any related communication to see if there is any mention of having to bear costs if you do not continue or leave in between. I am confident that such a clause is not present. They can't enforce this.
Regards,
Tushar Swar
From India, Mumbai
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208The first thing to understand is that an increment is based on your past performance, not on future expectations. They provided you with a good increment, assuming you had done a commendable job, which you deserved.
Now, if they are asking for the increment back, check your increment letter or any related communication to see if there is any mention of having to bear costs if you do not continue or leave in between. I am confident that such a clause is not present. They can't enforce this.
Regards,
Tushar Swar
From India, Mumbai
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Yes, you are right; there is nothing written about a refund or any amount to be paid if I leave early. I have said the same to him, but how should I tackle this situation, and what should I tell him in legal terms so that I can exit cleanly? He now tells me that I will receive a reduced amount for the 45 days' notice period, which is incorrect. Please provide a solution on exactly what I should say to him so that his plan fails.
From India, Pune
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From India, Pune
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Legal Clarification on Revocation of Resignation & Severance Dues.pdf
Salary-Note.doc
SALARY SHEET CALCULATION.xls