Notice Period and paying back bonus
My company in the offer letter has stated that
1 - Notice Period as 3 months, (refer to citation 1)
2 - I have to pay all the bonuses back to the company if I leave within 3 years(25% of my salary is a bonus) - I was not aware of this clause, it was hidden somewhere in the 11-page document
The work culture is toxic, and all the core people in the team are leaving. The company has no growth and I have not received any hike this year. In fact, I am leaving a 1lakh rupee retention bonus that is due to receive next month. I have sent a resignation letter with a 2 weeks notice.
1. Just wanted to know if it is legal for the employer to keep me for 3 months.
2. Will I have to pay back all the bonuses received?
*Citation 1
"During your probationary period, your employment may be terminated by the Employer by giving two (2) month’s notice or payment of salary in lieu thereof. Upon completion of your probationary period or if no probationary period applies, either the Employer or you may terminate your employment for convenience, on not less than ninty (90) days written notice. The minimum notice of three months cannot be adjusted with payment in lieu of notice period or adjusted against your Earned Leave balance. or payment of salary in lieu thereof. For this purpose, salary shall mean Cost to Company (CTC). These provisions are subject to Sections 12.4 and 12.5 below. However, in case any disciplinary
Registered Company Address: 22 Prestige Bougainvillea, ECC Road, Whitefield, Bangalore 560066
proceedings are either contemplated or pending against you, the Employer reserves the right not to accept your resignation."
*Citation 2:
" You will be paid bonus/relocation expences/training expenses or any other expences which will be paid out to you in monthly/ quarterly /annual installments. In case you leave your employment within three years of joining, you will be liable to repay the installment amounts already paid and received by you pursuant to this Clause. The Employer reserves the right to recover such amount from your full and final settlement. "