Hi, I need legal advice on the conditional statement written in my offer letter. The statement is: In the case of relocation (prospective employees joining from locations other than Pune), the employee will be required to serve a minimum of 24 months in the organization from the Date of Joining (DOJ). Failure to comply may result in the recovery of gross CTC equivalent to 3 months, regardless of serving the notice period.
Now, I am leaving the company due to XYZ reasons in 4 months, and the company is insisting that I pay 3 months' gross salary. They are threatening legal action if I do not comply and are refusing to provide me with a relieving letter, which was agreed upon when I joined the company.
Please advise me according to Indian labor laws for software companies: Can my company take legal action against me if I do not pay the conditional amount (3 months' gross salary)? Also, please let me know if there are any alternatives to avoid paying the 3 months' gross salary.
Thank you,
Tushar
From India, Pune
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Now, I am leaving the company due to XYZ reasons in 4 months, and the company is insisting that I pay 3 months' gross salary. They are threatening legal action if I do not comply and are refusing to provide me with a relieving letter, which was agreed upon when I joined the company.
Please advise me according to Indian labor laws for software companies: Can my company take legal action against me if I do not pay the conditional amount (3 months' gross salary)? Also, please let me know if there are any alternatives to avoid paying the 3 months' gross salary.
Thank you,
Tushar
From India, Pune
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You are bound by the contract. Breach of contract can result in legal consequences. Probably you can negotiate with the company to pay back relocation expenses incurred by them during your transfer to Pune.
From India, Pune
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3180From India, Pune
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They are not ready neither for negotiation nor for increasing notice period. They strictly forcing to pay as per condition.
From India, Pune
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From India, Pune
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The company may take the legal route as it is a breach of contract. The legal system is so slow that remedies will take a long time. However, one has to face the consequences of one's actions. Try to mitigate the amount they are demanding.
From India, Pune
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From India, Pune
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Have you signed an offer letter or appointment letter or both? Please take a proper legal opinion from a lawyer before proceeding. Regards,
From India, Mumbai
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From India, Mumbai
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