Dear Neha, I am afraid by telling that her reason is genuine and waiving off bond you will be making a mistake which will cost you much more. Tomorrow another person will come up with a reason saying that mother is sick, so he/she has to take care of mother and hence wants to move to another company which is near his home town.. Another person will come up saying that he/she has an eye problem bcos of which he cannot work for long in IT industry and therefore wants to make some quick money and hence wants to move to another very high paying company.. Can we say that any of these reasons are not genuine. Someone wants to go for higher studies, some join spouse etc etc.. There can be a host of genuine reasons.. I would suggest you either decide not to have a bond/agreement or of there is a bond follow it judiciously. Waive it only for serious medical reasons which disable the employee to continue working.. Otherwise you will end up having an agreement for name's sake and still losing people and have managers frustraed bcos of their wastage of time in moulding the trainees.. You can enforce theagreement and stil maintain a human touch.. To those who request such waivers I have clearly told that I can understand their reasons from apersonal angle but from an official angle irrespective of the reason the loss of the trainee is a loss of time effort and money spent in training him..( And in this particular case if you want to be lenient one suggestion would be to get an undertaking from him/her that she will not work for another one year/till end of the agreement period and/or give relieving order after the agreement period..)
Hai One of my friend working in Service sector(ITES).and having the service agreement with the company.She wants to shift her career to higher studies and wish to resign the job/break the agreement.
How it effects on her
Please reply immediately.
How it effects on her
Please reply immediately.
Dear Neha,
The point which you have raised is quite interesting considering the current scenario of job hopping among the employees.
We being HR professionals should understand that we have to be proactive enough to prevent such incidents. We are trying to make the people stick to us by doing something which, I feel, is unethical, and should not be practiced. Why cant we create a better working environment where in people sticks and take pride in associating with us? Why cant we convince the higher authorities about the attrition and the related issues by going deep into the actual reasons for the attrition? Why cant we develop a recruitment procedure wherein a prospective candidate is mapped against a set of variables derived out of organisation's values and systems? Why cant we work for an organisation which is both a system centric as well as people centric? Are we facing these issues because we are incompetent for developing such a system?
I know I have asked a lot of questions, but I believe these are the areas which we really had to work hard considering the present scenario in its wholeness.
Regards,
Rakesh K
From India, Delhi
The point which you have raised is quite interesting considering the current scenario of job hopping among the employees.
We being HR professionals should understand that we have to be proactive enough to prevent such incidents. We are trying to make the people stick to us by doing something which, I feel, is unethical, and should not be practiced. Why cant we create a better working environment where in people sticks and take pride in associating with us? Why cant we convince the higher authorities about the attrition and the related issues by going deep into the actual reasons for the attrition? Why cant we develop a recruitment procedure wherein a prospective candidate is mapped against a set of variables derived out of organisation's values and systems? Why cant we work for an organisation which is both a system centric as well as people centric? Are we facing these issues because we are incompetent for developing such a system?
I know I have asked a lot of questions, but I believe these are the areas which we really had to work hard considering the present scenario in its wholeness.
Regards,
Rakesh K
From India, Delhi
Dear Neha,
legally speaking a breach is a breach is a breach unless by the circumstances beyond one's control. while i agree with mahesh's view that legal is long drawn process and moreover all these service agreements are ONLY meant to create fear at the back of the mind. Your organisation must ask for certain quantified damages from the lady.....this quantified claim got to have strong basis and reasoning (ask your accounts dept to arrive at fair figure....ask for this amount along with normal salary she is responsible to pay for like sal in lieu of notice period.
Call her spouse .....sit with them speak to both of them....while I agree that all have the fundamental rights to work and earn livelyhood. ALL ORGANISATIONS HAVE EQUAL RIGHT TO MAINTAIN ITS DIGNITY AND NO ONE SHOULD TAKE THEM FOR A FREE RIDE.
as a legal person i wud had asked for complete refund of sal and perks disbursed to employee......
Rgds
marinelawyer
From India, Mumbai
legally speaking a breach is a breach is a breach unless by the circumstances beyond one's control. while i agree with mahesh's view that legal is long drawn process and moreover all these service agreements are ONLY meant to create fear at the back of the mind. Your organisation must ask for certain quantified damages from the lady.....this quantified claim got to have strong basis and reasoning (ask your accounts dept to arrive at fair figure....ask for this amount along with normal salary she is responsible to pay for like sal in lieu of notice period.
Call her spouse .....sit with them speak to both of them....while I agree that all have the fundamental rights to work and earn livelyhood. ALL ORGANISATIONS HAVE EQUAL RIGHT TO MAINTAIN ITS DIGNITY AND NO ONE SHOULD TAKE THEM FOR A FREE RIDE.
as a legal person i wud had asked for complete refund of sal and perks disbursed to employee......
Rgds
marinelawyer
From India, Mumbai
Every individual when gives an undertaking is aware of the conditions stipulated therein. So, everyone signs it when s/he needs a job.
The reason for leaving is genuine from your & some other's view point, however, there could hundreds of other genuine reasons also. Once you bring in subjectivity, it is difficult to enforce any policy objectively & exceptions become a rule.
Pl consider following:
1. Incase the person just leaves without or with notice is your organisation in position to persue legal action? (This is very imp consideration. The policy is formulated only after this decision.)
2. What is your HR head's position in such matters? Do you generally make exceptions?
3. Your job increases with each exception made, as more & more such requests come & you need to keep record & explanation for each case as to under what circumstances such exception has been made.
Ultimately what is the objective of taking such an undertaking/bond?
It is to ensure employees work for certain fixed tenure without your intervention.
In nutshell, politely & firmly tell the employee the company's stand & enforce it. Recover the dues as per bond. This will reduce your work in future. May be help her to organise for meeting the terms of undertaking. I am sure you with your finance dept have already worked out liabilities due in such cases.
All the best.
From India, Mumbai
The reason for leaving is genuine from your & some other's view point, however, there could hundreds of other genuine reasons also. Once you bring in subjectivity, it is difficult to enforce any policy objectively & exceptions become a rule.
Pl consider following:
1. Incase the person just leaves without or with notice is your organisation in position to persue legal action? (This is very imp consideration. The policy is formulated only after this decision.)
2. What is your HR head's position in such matters? Do you generally make exceptions?
3. Your job increases with each exception made, as more & more such requests come & you need to keep record & explanation for each case as to under what circumstances such exception has been made.
Ultimately what is the objective of taking such an undertaking/bond?
It is to ensure employees work for certain fixed tenure without your intervention.
In nutshell, politely & firmly tell the employee the company's stand & enforce it. Recover the dues as per bond. This will reduce your work in future. May be help her to organise for meeting the terms of undertaking. I am sure you with your finance dept have already worked out liabilities due in such cases.
All the best.
From India, Mumbai
Hi eveyone,
Thanks for lot of suggessions...i agree with the points mentioned by all. but at times the situation comes which is bit hard to put them in words completely. due to which some one else could not put themselves in others shoes.
people who already has faced such kind of situtation can help understand then situation only.
I agree with the people who says that the service agreement is just a bond to create fear, but if someone is not feared by that and breaks it??? wat is to be done.....if not any step is taken then wat is the gurrenty that the others under the bond wont do the same.
if we are not taking any action against such cases that wat is the meaning of that legal papers...
I tried contacting her but neither she nor her husband responded. the action i took against this was... a legal letter has been sent to her. due to which she wont be able to fly with her husband untill she doesnt make any settelment.
hope i havent done anything harsh for her.
Do suggest.
Regards,
Neha Khale
From India, Bhopal
4Thanks for lot of suggessions...i agree with the points mentioned by all. but at times the situation comes which is bit hard to put them in words completely. due to which some one else could not put themselves in others shoes.
people who already has faced such kind of situtation can help understand then situation only.
I agree with the people who says that the service agreement is just a bond to create fear, but if someone is not feared by that and breaks it??? wat is to be done.....if not any step is taken then wat is the gurrenty that the others under the bond wont do the same.
if we are not taking any action against such cases that wat is the meaning of that legal papers...
I tried contacting her but neither she nor her husband responded. the action i took against this was... a legal letter has been sent to her. due to which she wont be able to fly with her husband untill she doesnt make any settelment.
hope i havent done anything harsh for her.
Do suggest.
Regards,
Neha Khale
From India, Bhopal
Dear Neha
I dont think you have been harsh by sending a legal notice. At the time of signing agreemnt itself the lady might definitely have had thought about what she would do i her marriage is fixed with an outsider. . If she didnt have long term plans she should not have signed the agreement. For the sake of entering a job you sign an agreement and later when you want to break it you want HR/organisation to be humane is not just. Just like she has her own constraints, organisation has its own constraints/requirements bcos of which it is keeping such policies.
Also one more point. I hope the agreement is not for a very long duration. I personally feel 2 years or the best 3 years. You should not try to bind anyone more than that. One the one side personal plans can also not be made for 3 year and above duration. Till 2 years a little predicatability will be there. On the other side, max 6 months you need to train a person to make him billable. So from 7th month onwards he is billable and you are earning revenue. So it is not fair to penalise if he leaves after one to one and hlaf years of revenue earning for company..
I dont think you have been harsh by sending a legal notice. At the time of signing agreemnt itself the lady might definitely have had thought about what she would do i her marriage is fixed with an outsider. . If she didnt have long term plans she should not have signed the agreement. For the sake of entering a job you sign an agreement and later when you want to break it you want HR/organisation to be humane is not just. Just like she has her own constraints, organisation has its own constraints/requirements bcos of which it is keeping such policies.
Also one more point. I hope the agreement is not for a very long duration. I personally feel 2 years or the best 3 years. You should not try to bind anyone more than that. One the one side personal plans can also not be made for 3 year and above duration. Till 2 years a little predicatability will be there. On the other side, max 6 months you need to train a person to make him billable. So from 7th month onwards he is billable and you are earning revenue. So it is not fair to penalise if he leaves after one to one and hlaf years of revenue earning for company..
Hi,
My sister joined in hexaware 2 years back. she signed a 2years bond.after one year she not able to continue the job.Suddenly last week we got letter to our address asking us to pay the money for the sum of rs 2,40,000 rs.Could you plz tell me how to handle this problem.Whether we need to consult the lawyer? this will help us to react accordingly based on the suggestions.
Waiting for your valuable input.
Thanks in advance.
Thanks,
pk
From India
My sister joined in hexaware 2 years back. she signed a 2years bond.after one year she not able to continue the job.Suddenly last week we got letter to our address asking us to pay the money for the sum of rs 2,40,000 rs.Could you plz tell me how to handle this problem.Whether we need to consult the lawyer? this will help us to react accordingly based on the suggestions.
Waiting for your valuable input.
Thanks in advance.
Thanks,
pk
From India
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Service agreement.doc