Dear All,
Today i have received one inetresting query from one of my collegue. His brother who is an engineer was working with a small firm . The person (collegue's brother) was fresher before joining this company.While joining to this company they have asked him to sign a bond. I have gone through that bond which is very subjective and doesn't talk about any compensation in case of breach of agreement. The bond says person has to work for minimum 1.6 yrs with the company after joining.The person was paid @6000 p.m. as salary. As soon as this person ahs joined the company, he has been put on the job without any training. Because of this persons talent they have earned a good profit and which was shared by the owner of that firm during one of their meetings with the employees. Now this person has submitted resignation since he is getting an opportunity to go for M.S. in Germany. He has submitted the resignation to the comapny which is not accepted. during discussion one more point came to know that since last 2-3 months this person is being put on some clerical job since comapny do not have any enough projects in hand. with which this person is not happy. Finally he has stopped going to office but received as notice from company lawyer that either join the comapny or face for legal action.
Please share your views. how long this notice may put this person in trouble.Whether this person need to pay nay compensation.
Santosh
From India, Mumbai
3Today i have received one inetresting query from one of my collegue. His brother who is an engineer was working with a small firm . The person (collegue's brother) was fresher before joining this company.While joining to this company they have asked him to sign a bond. I have gone through that bond which is very subjective and doesn't talk about any compensation in case of breach of agreement. The bond says person has to work for minimum 1.6 yrs with the company after joining.The person was paid @6000 p.m. as salary. As soon as this person ahs joined the company, he has been put on the job without any training. Because of this persons talent they have earned a good profit and which was shared by the owner of that firm during one of their meetings with the employees. Now this person has submitted resignation since he is getting an opportunity to go for M.S. in Germany. He has submitted the resignation to the comapny which is not accepted. during discussion one more point came to know that since last 2-3 months this person is being put on some clerical job since comapny do not have any enough projects in hand. with which this person is not happy. Finally he has stopped going to office but received as notice from company lawyer that either join the comapny or face for legal action.
Please share your views. how long this notice may put this person in trouble.Whether this person need to pay nay compensation.
Santosh
From India, Mumbai
Small firms and "baniya" companies resort to such kind of tactics to hold promising employees.
The bond per se is illegal and more over it does not mention any financial compensation for breach of contract, nor the company can prove any substantial fact/expenses incurred to justify the bond.
Let the person tell the company that he is willing to dispute the matter legally in a court of law. Better still ask him to reply to the notice through his lawyer.
Hope it solves your problem.
Warm regards.
From India, Delhi
The bond per se is illegal and more over it does not mention any financial compensation for breach of contract, nor the company can prove any substantial fact/expenses incurred to justify the bond.
Let the person tell the company that he is willing to dispute the matter legally in a court of law. Better still ask him to reply to the notice through his lawyer.
Hope it solves your problem.
Warm regards.
From India, Delhi
The bond says he has to work for 1.6 years.
How many months he worked so far ? Is it more than 1.6 months?
If there is no compensation for breach of conditions, where is the question of sending a
legal notice ?
If he was not happy with the clerical work, he could have resigned then.
Clerical job is not an inferior one. CEO shines when someone does the clerical job.
He can very well resign (by giving notice period, if required) and proceed.
Ask your friends brother to sign any bond after clarifying all points from the
employer or consulting a legal expert hereafter.
Tell him to send a reply to the legal notice stating all the facts.
From India, Madras
How many months he worked so far ? Is it more than 1.6 months?
If there is no compensation for breach of conditions, where is the question of sending a
legal notice ?
If he was not happy with the clerical work, he could have resigned then.
Clerical job is not an inferior one. CEO shines when someone does the clerical job.
He can very well resign (by giving notice period, if required) and proceed.
Ask your friends brother to sign any bond after clarifying all points from the
employer or consulting a legal expert hereafter.
Tell him to send a reply to the legal notice stating all the facts.
From India, Madras
Thanks a lot Mr.Raj & Mr.Kutty. The person has worked only for 6 months with the firm. One more thing i would like to hear from you experts is that whether reply to this notice is mandatory. What if he doesn't relply? Or suppose he should reply then can he reply on his own since going to lawyer will cost something unnecessarily.
Santosh
From India, Mumbai
Santosh
From India, Mumbai
If he can draft a reply properly putting forth the facts and justifying his actions, that is enough. It is clear that he left the job of Engineer because he was not given the job of an Engineer and that of a Clerk. He can very well state that he is appointed to work as an Engineer for 1.6 years and now he is not given the work of Engineer but some sundry work, in which he is not proficientand related to his skills. Since he is not bound by any conditions for payment, let him go ahead with higher studies. Ask him to meet or talk to the employer and explain to him.
Please advise him not to enter into any such contract which is having similar clauses in future.
From India, Madras
Please advise him not to enter into any such contract which is having similar clauses in future.
From India, Madras
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