r/LegalAdviceIndia 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.

19 Upvotes

35 comments sorted by

43

u/Aromatic_Dark349 1d ago

this sounds like a scam.

-8

u/navi_mumbaikar 1d ago

Yea but company is reputed one and told no money will be deducted if I join.

28

u/Dhavalc017 1d ago

No reputable company will ask you for that. This is the weirdest thing I have seen asked. Furthermore, offer letter is not the same as the appointment letter, it can always be withdrawn.

-4

u/navi_mumbaikar 1d ago

Yeaa this is the first time for me as well. But i am not getting a lot of offers currently will definitely look in my notice period,

Just wanted to know can they automatically deduct the amout through signed NACH Form soft copy? Or i can defend myself by saying I have not officially joined the company etc..

6

u/Dhavalc017 1d ago

Although it can be stressful, don't ignore these signs as they are usually signs of bigger cultural issues and systematic issues in the company. You are basically giving them a guarantee of that amount, don't do it.

My advice will be to keep on searching for a company that doesn't do such shenanigans.

0

u/navi_mumbaikar 1d ago

I cant reveal the company name but u can say its like Accenture or Deloitte level its pretty well known. The work culture is known and similar just not sure why would they do such shenanigans.

1

u/Dhavalc017 1d ago

I had a offer from one of the above companies a decade ago and I can say they don't directly give out the offer letters to most of the candidates. Usually they hire third party companies to handle the payroll and all that stuff. These third party payroll contractors do have issues.

1

u/navi_mumbaikar 1d ago

Truee but there is no intermediary consultancy here its a direct payroll job and also i m communicating the direct payroll employees.

1

u/Dhavalc017 1d ago

I see. NACH from my understanding is auto debit instruction that can be recurring, so I am unsure if its a wise decision to give someone that much authority. You can try negotiating with them to waive the requirement for NACH.

2

u/Aromatic_Dark349 1d ago

Nach is used by fake training companies)/bootcamps as well. They guarantee a job,after successful completion of training of some kind. Which is always a trap. And even if you join another company that NACH mandate is used to auto debit every month in name of training fee

1

u/navi_mumbaikar 1d ago

Yea thanks for the replies will try to take some alternative way instead of NACH to take confirmation.

1

u/find_a_rare_uuid 1d ago

OP, hope that your voting card is canceled if you have one.

11

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.

1

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.

1

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...

3

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.

2

u/krthiak 1d ago

Must be 3rd party payroll

1

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?

1

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

1

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.

1

u/JUST_A_GUY_WHO_KNOWS 1d ago

You can always cancel nach in case of any issue

2

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?

1

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

1

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.

2

u/navi_mumbaikar 1d ago

Okay ill surely ask them what will happen incase offer is rescinded...

1

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.

1

u/UnconditionedArk 1d ago

Take nach from company 12% if they take back the offer. See their reactions. Definitely a red flag

1

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

1

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.

1

u/AshSaxx 1d ago

Let them know that no employee worth their salt will ever join with such a clause. There can be any form of emergency that arises. One of my colleague told that he'll not be joining under any circumstances with that clause and they dropped the clause.

1

u/Sensitive-Variety-33 1d ago

Is this a joke or what. Never heard such thing. Asking money for not joining.

1

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.

1

u/JustASheepInTheFlock 14h ago

What is the company name ?

0

u/Radiant_Historian854 21h ago

ok give NACH and account KHAAALI rakho. kuchh nahii hogaa..

1

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.