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Nikhil   22 April 2019

Bonus issue

I rec'd an amount as bonus from my company under heading R&R (Rewards & Recognition) in payslip. Now I'm leaving the company and expecting a claim from company on Bonus (retention bonus). I've never been asked to sign any kind of contract for this but due to bonus, company has deducted Income tax. And they want me to pay back entire amount. How valid would their claim on bonus would be? And if I repay, can I deduct the income TDS


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 4 Replies

G.L.N. Prasad (Retired employee.)     23 April 2019

Legally speaking the bonus is on past performance and I never heard any employer for a refund of bonus paid, whichever name they have given to past performance incentive.  It depends on incentive, your capacity to repay, the relations you wish to maintain with your present and past employer, and finally the hurdles they may create for your relieving.

P. Venu (Advocate)     23 April 2019

There is no legal necessity in returning the amount, even if demanded.

Nikhil   23 April 2019

Ty Mr. Venu. I expect company to claim back bonus in my full n final settlement and claim of addition amount which I may have to pay. No where have they mentioned anything about this amount being a retention bonus and neither I was asked to sign any contract. Would I be able to demand my relieving letter?

Nikhil   23 April 2019

Agree to your point. I no longer have ambitions to be employed in corporates


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