You may refer to the document, and I state that the agreement stands, and you are under obligations. You mentioned that you worked there for 16 months and have now left the company. In that case, after the one-year training period, the company must have drafted the employment agreement and set forth new terms and conditions. You were associated with the company as a trainee; in the case of 16 months, what was your role?
You must have objected to clauses 08 and 14, and it's a tripartite agreement as it also involves the person who guarantees. Anyways, since you are certain about your employer not investing a substantial amount in you during the training period, you may defend the situation.
But I personally suggest that you join the company as an employee, ensuring that the terms of employment are bound by the period and are also in favor of the employee, unlike the present agreement where the trainee's choice is not considered. You can always argue that you could hardly learn and are unsatisfied with your training, with no hope for your career path to be defined, hindering your growth. Demand a higher salary so that they cannot afford you. Read carefully and understand before signing any document! I cannot guarantee absolute escape, but there are chances if you test your luck.
From India, Bangalore
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203You must have objected to clauses 08 and 14, and it's a tripartite agreement as it also involves the person who guarantees. Anyways, since you are certain about your employer not investing a substantial amount in you during the training period, you may defend the situation.
But I personally suggest that you join the company as an employee, ensuring that the terms of employment are bound by the period and are also in favor of the employee, unlike the present agreement where the trainee's choice is not considered. You can always argue that you could hardly learn and are unsatisfied with your training, with no hope for your career path to be defined, hindering your growth. Demand a higher salary so that they cannot afford you. Read carefully and understand before signing any document! I cannot guarantee absolute escape, but there are chances if you test your luck.
From India, Bangalore
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ON the job training fall under Apprenticeship Act, and the agreement is not in accordance with such law........ so you may rely on BSSV’s reply....
From India, Bangalore
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From India, Bangalore
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Dear Mehrunisa Basima,
The case at hand is a policy decision at Government level. It has nothing to do with Bond in the private sector, which is signed to safeguard the interest of such employer who has bonafidly invested to raise the skill level of any employee. The strike was called over various other issues also. Please see the link below.
Kerala nurses’ strike over pay intensifies pay spreads in
It depends upon situations on case at hand and bond per se is not an illegal concept. Whatever judgments you referred earlier were on bonded labour system, which is all together different thing or were false bond cases. Genuine ones are still very much enforceable and legal.
From India, New Delhi
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The case at hand is a policy decision at Government level. It has nothing to do with Bond in the private sector, which is signed to safeguard the interest of such employer who has bonafidly invested to raise the skill level of any employee. The strike was called over various other issues also. Please see the link below.
Kerala nurses’ strike over pay intensifies pay spreads in
It depends upon situations on case at hand and bond per se is not an illegal concept. Whatever judgments you referred earlier were on bonded labour system, which is all together different thing or were false bond cases. Genuine ones are still very much enforceable and legal.
From India, New Delhi
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by the way, Lokesh, what is the name of that company and where is it?? (just out of curiosity I am asking, always better to know the pitfalls.......)
From India, Bangalore
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From India, Bangalore
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That is why anyone needs to be very accurate and conscious while signing anything and to be well-versed with the agreement clauses and their effects.
The link below is one such funny and brilliant example of the interpretation of law and facts.
Click on the Link: http://en.paperblog.com/samsung-pays...-coins-294795/
From India, Bangalore
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The link below is one such funny and brilliant example of the interpretation of law and facts.
Click on the Link: http://en.paperblog.com/samsung-pays...-coins-294795/
From India, Bangalore
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hahahahaha BSSV :-) No wonder they say — the law is an ass!!! — no pun intended pl. Rgds, TS
From India, Hyderabad
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From India, Hyderabad
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Very good interpretation, BSSV. But I have my doubts about its authenticity, but still, this could be a possible way to comply. Ha Ha Ha Really good.. :)
From India, New Delhi
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From India, New Delhi
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Now "But i have my doubts it is real but still this could be a possible way to comply.", this is advocacy on HR Site !! HHe hhe, ha ha ha ha ha ......
From India, Bangalore
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From India, Bangalore
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Hello BSSV & Kamal Kant Tyagi,
Knowing Koreans, I wouldn't be surprised at all if this is indeed true -- seriously :-)
But in all this mela, where is Lokesh Babu? Not sure if he has already made up his mind on his course of action. I wish he gives an update from his end too.
Regards,
TS
From India, Hyderabad
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Knowing Koreans, I wouldn't be surprised at all if this is indeed true -- seriously :-)
But in all this mela, where is Lokesh Babu? Not sure if he has already made up his mind on his course of action. I wish he gives an update from his end too.
Regards,
TS
From India, Hyderabad
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Damages for Breach of Service contract.
A contract for service is arising under the Indian Contract Act, 1872. As per sec. 73 of the said Act is provided as under:
“Sec. 73. Compensation for loss or damage caused by breach of contract –
When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it.
Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.
Compensation for failure to discharge obligation resembling those created by contract - When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive th
From India, Panaji
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A contract for service is arising under the Indian Contract Act, 1872. As per sec. 73 of the said Act is provided as under:
“Sec. 73. Compensation for loss or damage caused by breach of contract –
When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it.
Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.
Compensation for failure to discharge obligation resembling those created by contract - When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive th
From India, Panaji
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