Nascent Information Technology Employees Senate – NITES is working extensively for the welfare, benefits and rights of IT, ITES, BPO, KPO and their families. Payment of bonus is the statutory liability on the employer and receipt of bonus amount is the legal right of the employee and the amount to be paid, to whom to be paid and by when to be paid has been well framed in the Payment of Bonus Act. The employer cannot unethically amend the bonus scheme depriving bonus to its employees. HCL Technologies Limited has initiated a policy to recover bonus paid to the employees. If the employee fails to pay the amount his/her experience certificate, relieving letter and other employment documents & benefits are withheld by the company. The said policy implemented by the company to recover bonus already paid to its employees forcefully is iniquitous, arbitrary and harsh. It is also to be noted that such a recovery policy without any statutory approval is resulting in a hardship and it far outweighs the equitable balance of the employer’s right to recover. It is almost impossible for an employee to bear the financial burden of a refund of payment of bonus received over a period of time under the current pandemic conditions. The right to recover bonus policy being pursued by the company HCL Technologies Limited needs to be compared with the effect of the recovery on the concerned employee. In the present circumstances the effect of the recovery from the concerned employees is unfair, wrongful, improper and unwarranted. Therefore the corresponding policy of the HCL Technologies Limited to recover the bonus from employees is iniquitous and arbitrary.

Hence through this petition we are seeking prompt intervention to issue necessary orders to stop the iniquitous, arbitrary and harsh recovery of bonus policy with immediate effect. Also refund the already recovered bonus amount to the ex-employees without delay.

Thanks 

Harpreet Saluja 

President 

Nascent Information Technology Employees Senate NITES 

https://www.facebook.com/NITESenate/

www.nites.co.in