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Notice Period and Offer letter

(Querist) 30 June 2011 This query is : Resolved 
I joined my last organisation on March 06, 2010 and my last working day in the organisation was Feb 25, 2011. There was a notice period of 2 months. I have served one month and buy-out the rest 1 month.

There was a clause in my offer letter that if you will leave the oraganisation before one year then you have to pay the amount we have spent on your hiring, or any joining bonus we have paid to you.

So by using this clause , the company demanding some Rs. 28000 that we have paid it to hiring the counsultant for your recruitment and you have left the organisation before 1 year.

As far as hiring is concerned , I got the call from the HR directly but they are saying we got your contact from the counsltant.

Including the one month Notice Period Buy-out, my whole tenure would be 1 year and some 20 days.
Is the notice period and notice period buy out time would be counted in the working tenure?

Another thing is, as i got the call directly from the HR and no consultant was involved in our conversation. so may i ask the company to furnish any proof related to this?

Devajyoti Barman (Expert) 30 June 2011
See if the organisation is a private one then simply leave the same and join the new company.

Your erstwhile company would do nothing to enforce that clause.
Ajay Bansal (Expert) 01 July 2011
Your notice poeriod will be counted in that one year.So don't worry.Join new company and ask old company to do if that could be done in court.
Nisha (Querist) 01 July 2011
thanx for your prompt response. i wanted to confirm that the notice period that i have buy out would be included in one year or not as i will complete 1 year including that time.

As per my understanding i have already paid the amount in lieu of the notice period so it should be considered as i have served the company for that entire notice period. specifically my tenure should be considered upto 25 march 2011 for this kind of repayment.

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