If you are relieved within one year from the date of joining then you are liable to return the bonus as per the conditions and terms of the employment which you accepted and signed at the time of joining

You are resigning from services within one year and notice period is secondary part. If you could have given notice after completion of one year from joining than they don't have any rights to collect the joining bonus from you.

This matter can be solved amicably between you, your manager and HR. to take back this joining bonus =return condition.

You have resigned within one year of joining 

2) you are liable to return the joining bonus 

You are liable to pay the joining bonus 

You have been clearly informed about the conditions in this regard.

Hence, even if your last working date is beyond one year of employment, if you get relieved earlier by buying the notice period, then you may have to return the bonus received..

First understand the law involved in this before taking any step that will be adverse to you.

The clause in your offer letter means that if you resign from your job within one year of your date of joining, you will have to pay back the entire amount of the joining bonus to your employer. The joining bonus is a sum of money paid to you by your employer as an incentive for joining their company. It is usually subject to taxes and deductions as per the applicable laws and regulations. However, if you leave your job before completing a certain period of service, the bonus may be recovered by your employer as a penalty for breaching the contract.

The term “resign” means to voluntarily quit or leave your job. It does not matter whether you serve the notice period or not, as long as you initiate the termination of your employment contract. Therefore, even if you serve more than a year in total, including the notice period, you will still be liable to pay back the joining bonus if you resign within one year of your date of joining.

For example, if you joined on 12th December 2022 and resigned on 3rd October 2023, you will have to pay back the joining bonus, even if your last working day is 1st January 2024. This is because you resigned within one year of your date of joining (12th December 2022 to 11th December 2023). However, if you joined on 12th December 2022 and resigned on 12th December 2023 or later, you will not have to pay back the joining bonus, even if your last working day is before 1st January 2024. This is because you resigned after completing one year of service.

This is the general interpretation of the clause based on the common usage and meaning of the words. However, there may be some variations and exceptions depending on the specific terms and conditions of your employment contract, the policies and practices of your employer, and the laws and regulations governing labour and taxation in your jurisdiction. Therefore, it is advisable to consult a lawyer before taking any action based on this information.

- As per the Employment Act, employees have the right to resign at any time, by serving notice or by compensating the employer with salary in lieu. It is an offence for employers to disallow employees to leave their job.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice, and except recovery of the said amount, company cannot harm you for the same.

Further , you both are under obligation to comply the terms of the offer letter , and hence if there is notice period is mentioned 90 days then no other provision will come at the time of accepting the resignation. 

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- You are only bound for the 90 days notice  period , and if you have already worked for the same , then the company cannot ask you to pay the bonus on any ground. 

Employment in notice period is part of service. Joined on 12th December 2022 and successful relieving  will on 1st January 2023, you are entitled to joining bonus. Date of resignation is not dater of relieving, date of discharge is date of relieving. You are on payrolls during notice period.

If you are under agreement to do so you need to only make good loss to the employer 

A notice period is typically considered a part of your employment. When you resign from a job or are terminated by your employer, the notice period is the period of time between when you provide notice of your intention to leave the company and your actual departure date. During this notice period, you are usually still considered an employee, and you may be expected to continue performing your job responsibilities, unless your employer chooses to relieve you of your duties immediately and pay you in lieu of notice.

So, you do not have to pay joining bonus back to your company and if they ask you to do so then that is not tenable in the eyes of law.

Sir/Madam, 

You are suggested to read the offer letter carefully because the exact thing will be clear from there. As per the input, you would serve more than one year till 01.01.2024 and then no payment/recovery to be done. However, it is suggested to read offer letter because employer sometimes write in hidden/disguised way and you should not be trapped by them in they miselading wordings. Thanks

Greetings of the Day,

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SPS Law Chambers
New Delhi.