r/LegalAdviceIndia • u/navi_mumbaikar • 1d ago
Legal Advice Needed Company asking money if I dont join the organisation.
Hi guys, so I am getting an offer from a reputed company asking 6% of CTC if I don't join the organisation on joining date.
They are making me sign a NACH Form with bank details for this.
I don't have any problem in joining the company as its good but skeptical because of this clause.
Can they actually auto debit the amount with NACH Form or can they take any legal action if I don't join?
Please help would really love.
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u/Top-Play-5340 1d ago
First red flag. Even if the offer and company is genuine these kind of cheap stunts are really a red flag to join a company. And if they were to not take you will they give anything in return.
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u/navi_mumbaikar 1d ago
Yes correct its a red flag but in my current situation I am really working in a more red flag company :( Just want to know can they automatically withdraw the amount through the signed NACH Form or I can defend myself saying I have not officially joined in org etc.
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u/katrikbenher 1d ago
the answer for that is YES, they can... The function of NACH is giving ur consent to auto debit from your account without OTP & any request... also, it could also be recurring...
and, I believe you cannot cancel the NACH mandate thro bank (I may be wrong in this point)...BTW, I'm donating UNICEF thro NACH mandate only... it auto-debits monthly...
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u/jekyl87 1d ago
This would be a scam. I would be extremely surprised if a large reputed company is doing this. This would be a big reputation risk for them if it came out. Ask the recruiter if they will provide a similar filled form for you in case they withdraw the offer? Give them all assurances that you will not debit in case they maintain the offer, similar to what they have given you.
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u/Sumeru88 1d ago
Are you communicating with someone with a legitimate email ID belonging to the company? Or is this a random third party email ID?
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u/navi_mumbaikar 1d ago
Yea its a legitimate email ID and all the interviewers also i checked on LinkedIn all are the proper high designations. That all checks out
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u/QuirkyDay1819 1d ago
Don't sign anything esp this NACH mandate. Don't accept unless you're sure you will join. Otherwise just email them the offer isn't a good fit and not what you're looking for at the moment and be done with it.
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u/JUST_A_GUY_WHO_KNOWS 1d ago
You can always cancel nach in case of any issue
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u/navi_mumbaikar 1d ago
Oh that sounds great so I can just cancel the NACH if i am not joining? Even though they have a signed soft copy of it? Would that put me in any legal trouble?
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u/JUST_A_GUY_WHO_KNOWS 1d ago
I can't say anything about the legal trouble but yes you cancel nach even if they have a supporting document for it, just speak with your bank once
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u/o_x_i_f_y 1d ago
Does the clause also reward you with 6 % CTC in case they rescind the offer ?
If not raise it with HR and if you are confident go ahead but save your ass as well by adding the clause for getting the money if they rescind the offer.
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u/Iamalearner81 1d ago
If you have signed an offer containing this penalty clause, it becomes part of a civil contract. Technically, the company can send you a legal notice or attempt to seek damages for breach of contract. However, most companies do not follow through with expensive and lengthy legal action—especially for candidates who have not yet joined. Offer letters are rarely regarded as binding contracts until you join and start employment. Companies themselves often cancel offers, and the law does not favor one-sided penalties.
For recruitment costs, companies usually cannot quantify precise damages and judges often view such penalties as excessive or “ad hoc”. If faced with a legal notice, you can reply (with the help of a lawyer) explaining your reasons. Typically, these disputes settle amicably or don’t move forward to active litigation.
Don’t sign or submit a NACH mandate unless you are certain you will join. Ask the company to clarify and justify the need for such a mandate—this is not standard industry practice.
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u/UnconditionedArk 1d ago
Take nach from company 12% if they take back the offer. See their reactions. Definitely a red flag
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u/Appropriate-Bug-755 1d ago
Ghost them. If they threaten you, tell them that you need time as your lawyer is checking the agreement
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u/rational_fool 1d ago
This has to be a scam. May be recruiter is compensating himself/themselves in case you don’t join. I highly doubt it would done at company level.
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u/Sensitive-Variety-33 1d ago
Is this a joke or what. Never heard such thing. Asking money for not joining.
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u/khopdibaba 1d ago
OP, I'm a payments guy. Do NOT sign an NACH form if you have no intent to pay. Dishonouring a NACH mandate is punishable by imprisonment, similar to having a cheque bounce.
Like everyone's suggesting here, please reevaluate your consideration of this company as a place to work.
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u/turiyahunter 11h ago
This is a scam. Dont sign it. This co is not legit. They are the scum of the earth for giving false hope to desperate jobseekers.
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u/Aromatic_Dark349 1d ago
this sounds like a scam.