Hii,
I went for a job as a Software Developer Trainee on a agreement of 2 years serving for that company failing to which I have to pay Two lakhs to that company.But after joining I found that the company is not giving any training to me instead sents me to the client end for making the client to understand a already developed software. My salaray is 5000 per month.The company has also stopped my salary for the last two months. I have been working for that company for the last 4 months.What will be the legal implications if I left the job now?
Please Help!!!!
With Regards,
Putai
From India, Howrah
1I went for a job as a Software Developer Trainee on a agreement of 2 years serving for that company failing to which I have to pay Two lakhs to that company.But after joining I found that the company is not giving any training to me instead sents me to the client end for making the client to understand a already developed software. My salaray is 5000 per month.The company has also stopped my salary for the last two months. I have been working for that company for the last 4 months.What will be the legal implications if I left the job now?
Please Help!!!!
With Regards,
Putai
From India, Howrah
Hello Putai,
Can you go back and refer to your appointment letter and give exact words/sentences on following:
1. Separation Policy
2. Training Policy
3. Probation Period
4. Confirmation Clause
5. Salary details
6. Increment Details.
Is there anything about extending the Probation period if the performance is not found to be up to the mark?
If yes, what are the terms and conditions for it and how long can the probation be extended.
Is the two years service contract that you signed covers your probation period or it starts from the day of your confirmation?
If you were brought on board on probation, have you been given confirmation letter or extention of probation period.
Also check the service agreement for foll:
1. Date of the bond
2. When will the two years of your bond start? (from your joining date or after you get confirmed in the company)
3. The bond amount that they have mentioned, what is the clause for paying that? I mean are you to pay that amount only if you resign or also if they terminate you?
4. Is the bond or the appointment letter mentions about any training to be implemented any point of time?
Kindly give some information as mentioned above so that we can understand the problem better and can help you.
From India, Mumbai
Can you go back and refer to your appointment letter and give exact words/sentences on following:
1. Separation Policy
2. Training Policy
3. Probation Period
4. Confirmation Clause
5. Salary details
6. Increment Details.
Is there anything about extending the Probation period if the performance is not found to be up to the mark?
If yes, what are the terms and conditions for it and how long can the probation be extended.
Is the two years service contract that you signed covers your probation period or it starts from the day of your confirmation?
If you were brought on board on probation, have you been given confirmation letter or extention of probation period.
Also check the service agreement for foll:
1. Date of the bond
2. When will the two years of your bond start? (from your joining date or after you get confirmed in the company)
3. The bond amount that they have mentioned, what is the clause for paying that? I mean are you to pay that amount only if you resign or also if they terminate you?
4. Is the bond or the appointment letter mentions about any training to be implemented any point of time?
Kindly give some information as mentioned above so that we can understand the problem better and can help you.
From India, Mumbai
Hiii,
Thanks for ur feedback Ankita.The words in the bond paper is like these:
Indemnity Bond
Articles of agreement made this january date between company name and name of employee and name of the father of employee and whereas it has been agreed that the employee will serve the company for the period of 24 months effective from january as a trainee or as redesignated as per performance appraisal from time to time.
NOW these presents witnessed and the parties hereto agrees as follow:
1. The employee will serve the employer for a minimum period of 24 months from january subject to determination hereinafter provided.
2. The employee shall receive the renumeration for his service during the period of 24 months as mentioned in the appointment letter or any amendment thereafter as per his performance appraisal.
3. If the work of the employee during the period of 24 months is not satisfactory to the employer or if such work shall be detrimental or prejudicial to the interest of the employer , the employer shall be entitled to terminate this agreement by giving to the employee two months notice in writing.
4. A) The employee hereby covenants with the employer that should the employee fail to serve the employer for the continuous period of 24months as specified in clause 1 thereof, the employee shall pay to the employer sum of Rs 200000 as compensation.
B) If the employee shall in any respect, fail to perform this agreement or commit any breach of his obligations hereunder, the the surety shall indemnify the employer against all losses, damages and expenses which may be incurred by the employer by reason of any defauly on the part of employee in performing and observing any of the terms and conditions of this agreement.
C) The liability of the surety shall not at any time exceed a sum of Rs. 200000 with the interest thereon @12% per annum upto the date of the payment.
Signature of the employer:
Signature of employee:
signature of surety(Father):
Please suggest me.
From India, Howrah
Thanks for ur feedback Ankita.The words in the bond paper is like these:
Indemnity Bond
Articles of agreement made this january date between company name and name of employee and name of the father of employee and whereas it has been agreed that the employee will serve the company for the period of 24 months effective from january as a trainee or as redesignated as per performance appraisal from time to time.
NOW these presents witnessed and the parties hereto agrees as follow:
1. The employee will serve the employer for a minimum period of 24 months from january subject to determination hereinafter provided.
2. The employee shall receive the renumeration for his service during the period of 24 months as mentioned in the appointment letter or any amendment thereafter as per his performance appraisal.
3. If the work of the employee during the period of 24 months is not satisfactory to the employer or if such work shall be detrimental or prejudicial to the interest of the employer , the employer shall be entitled to terminate this agreement by giving to the employee two months notice in writing.
4. A) The employee hereby covenants with the employer that should the employee fail to serve the employer for the continuous period of 24months as specified in clause 1 thereof, the employee shall pay to the employer sum of Rs 200000 as compensation.
B) If the employee shall in any respect, fail to perform this agreement or commit any breach of his obligations hereunder, the the surety shall indemnify the employer against all losses, damages and expenses which may be incurred by the employer by reason of any defauly on the part of employee in performing and observing any of the terms and conditions of this agreement.
C) The liability of the surety shall not at any time exceed a sum of Rs. 200000 with the interest thereon @12% per annum upto the date of the payment.
Signature of the employer:
Signature of employee:
signature of surety(Father):
Please suggest me.
From India, Howrah
First, the agreement has no validity where no training has been provided.
That has been held by the courts many times
Secondly, where the company has failed to pay you on time (and specially where it has not paid for 2 months), you are under no obligation to work there, irrespective of what bond you may have signed.
From India, Mumbai
That has been held by the courts many times
Secondly, where the company has failed to pay you on time (and specially where it has not paid for 2 months), you are under no obligation to work there, irrespective of what bond you may have signed.
From India, Mumbai
In addition to what Saswata Sir advised,
I would like you to initiate the process before they do so.
In actual terms, a service bond is viable in India to the extent of the training cost incurred on the employee by the employer.
There is no specifications of training given in the bond that you've signed. Not even have they mentioned that they'd provide you a training.
You mentioned in your next post about 6 months of training period and ___ months of probation period. Perhaps you missed the number or should I assume the normal 6 month's probation?
From your post I deduce that you have joined the company in Jan this year. So basically the bond starts from your joining date.
Secondly, I want you to check your appointment letter for termination clause as in the service agreement details are not mentioned.
Ideally, in the probation period, there is no need to serve a notice period or if at all a notice period is asked, it ranges from 7 to 15 days' time. Your service agreement mentions a 2month's notice. However, such long notices are usually meant for confirmed employees. So check if there is any specifications in your appointment letter.
In addition you can write the foll mail/letter to the concerned authority w.r.t. the agreement you have signed -
As per the clause 2 of the service agreement that we have signed on DATE,
I am to get the remuneration for the service during the period as mentioned in my appointment letter.
In my appointment letter, I have been promised a gross monthly salary of Rs. _____ per month.
However, I would like to bring to your notice that since past two months, I have not been getting my salary for reasons best known to the management.
This letter is to bring to your notice that I have waited for 2 months to receive my salary check and it was futile. Hence, I would here by wish to state that unless my previous salary is processed, I will not be in a position to serve you.
Kindly, acknowledge the reciept of this mail/letter stating the earliest that my salary for the said tenure will be processed.
See, we know that the bond is questionable and is not viable, but irrespective of this clause in the agreement, every person who has rendered any simple service is liable to get a pay for that.
To cite an example....
Once my TV was not working properly and we called in many technicians but they didn't know what to do. One person walked in, he checked and politely said, "Sir, you do not need to give the TV to any technicians or workshop. I'll repair it here itself in 5 min. But I will charge you 200 Rs." (This happened some 25 odd years back when 200Rs, had its own value)
My dad was happy that now he's satisfied the technicians won't change the parts as he's not to take it anywhere from here. So he agreed.
All that he did was tightened a screw and the TV worked.
It was just a simple thing to do but he charged a bomb. Now are we to tell him that tightening a screw don't cost that big????
It wasn't about tightening that screw.... It was about applying his knowledge and giving you a service quicker than anyone else...
And to be frank this person earned so much of respect, till date, he's the only one who's allowed to repair my TV and we don't go to market to check what other's charge as we trust his service....
From India, Mumbai
I would like you to initiate the process before they do so.
In actual terms, a service bond is viable in India to the extent of the training cost incurred on the employee by the employer.
There is no specifications of training given in the bond that you've signed. Not even have they mentioned that they'd provide you a training.
You mentioned in your next post about 6 months of training period and ___ months of probation period. Perhaps you missed the number or should I assume the normal 6 month's probation?
From your post I deduce that you have joined the company in Jan this year. So basically the bond starts from your joining date.
Secondly, I want you to check your appointment letter for termination clause as in the service agreement details are not mentioned.
Ideally, in the probation period, there is no need to serve a notice period or if at all a notice period is asked, it ranges from 7 to 15 days' time. Your service agreement mentions a 2month's notice. However, such long notices are usually meant for confirmed employees. So check if there is any specifications in your appointment letter.
In addition you can write the foll mail/letter to the concerned authority w.r.t. the agreement you have signed -
As per the clause 2 of the service agreement that we have signed on DATE,
I am to get the remuneration for the service during the period as mentioned in my appointment letter.
In my appointment letter, I have been promised a gross monthly salary of Rs. _____ per month.
However, I would like to bring to your notice that since past two months, I have not been getting my salary for reasons best known to the management.
This letter is to bring to your notice that I have waited for 2 months to receive my salary check and it was futile. Hence, I would here by wish to state that unless my previous salary is processed, I will not be in a position to serve you.
Kindly, acknowledge the reciept of this mail/letter stating the earliest that my salary for the said tenure will be processed.
See, we know that the bond is questionable and is not viable, but irrespective of this clause in the agreement, every person who has rendered any simple service is liable to get a pay for that.
To cite an example....
Once my TV was not working properly and we called in many technicians but they didn't know what to do. One person walked in, he checked and politely said, "Sir, you do not need to give the TV to any technicians or workshop. I'll repair it here itself in 5 min. But I will charge you 200 Rs." (This happened some 25 odd years back when 200Rs, had its own value)
My dad was happy that now he's satisfied the technicians won't change the parts as he's not to take it anywhere from here. So he agreed.
All that he did was tightened a screw and the TV worked.
It was just a simple thing to do but he charged a bomb. Now are we to tell him that tightening a screw don't cost that big????
It wasn't about tightening that screw.... It was about applying his knowledge and giving you a service quicker than anyone else...
And to be frank this person earned so much of respect, till date, he's the only one who's allowed to repair my TV and we don't go to market to check what other's charge as we trust his service....
From India, Mumbai
Now a new problem arised as the company hast sent me a letter asking me to join duty within 3 day else they will take action against me.
what action they can take?
secondly , till now they have not paid my salary.
with regards
Putai
From India, Howrah
what action they can take?
secondly , till now they have not paid my salary.
with regards
Putai
From India, Howrah
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Indemnity Bond - Format.doc
Bond in employment.pdf