Hi Ankita,
Ask ur friend not to worry for the experience and relieving letter. Today many HR's of company are accepting the fact. Ask ur friend to spell out what happened in the past with regards to her with this employment. I hope it may solve her worry to some extent. Also ask her not to pay any money as all other fellow members have suggested.
Ask her to handle the issue with cool head, all the best.
From India, New Delhi
26Ask ur friend not to worry for the experience and relieving letter. Today many HR's of company are accepting the fact. Ask ur friend to spell out what happened in the past with regards to her with this employment. I hope it may solve her worry to some extent. Also ask her not to pay any money as all other fellow members have suggested.
Ask her to handle the issue with cool head, all the best.
From India, New Delhi
Thank you very much.
However just wish to ask one doubt -
The document is about bonded labour...
We have ample of documents to support that bonded labor is illegal. Now though it is implicitly to be understood that same is true for service people, it is not explicitly mentioned.
What I mean to say is, if we look at it, for the argument sake, HR can say you are not a labor as is defined by the labor's law and hence this is not bonded labor. This is a service agreement.
Logically he's wrong but technically, and due to loopholes, he can prove himself right... What to do....
Just a thought... Because I have mostly seen in films and daily soaps how one sentence can be used to one's own (dis)advantage and gain/lose by the same sentence.
Kindly correct me if wrong... Thanks a lot for all the efforts
From India, Mumbai
However just wish to ask one doubt -
The document is about bonded labour...
We have ample of documents to support that bonded labor is illegal. Now though it is implicitly to be understood that same is true for service people, it is not explicitly mentioned.
What I mean to say is, if we look at it, for the argument sake, HR can say you are not a labor as is defined by the labor's law and hence this is not bonded labor. This is a service agreement.
Logically he's wrong but technically, and due to loopholes, he can prove himself right... What to do....
Just a thought... Because I have mostly seen in films and daily soaps how one sentence can be used to one's own (dis)advantage and gain/lose by the same sentence.
Kindly correct me if wrong... Thanks a lot for all the efforts
From India, Mumbai
Dear TS,
If they try to publish her photo in Newspaper and term her as absconding that shall backfire upon them as there is enough to prove that she resigned and is victim of malpractices of the Management. Besides that i have never seen any employer taking that kind of step. On job training that too for 1 year and asking to serve for 2 years otherwise to surrender the whole amount earned seems too unreasonable to me and i guess to other members as well.
As far as the cost of litigation is concerned. All you need to put all the matter on a paper and go to labour commissioner with firm determination to fight back you do not need a lawyer as lawyer are not allowed to participate in conciliation proceedings. So dont worry and be firm.
From India, New Delhi
If they try to publish her photo in Newspaper and term her as absconding that shall backfire upon them as there is enough to prove that she resigned and is victim of malpractices of the Management. Besides that i have never seen any employer taking that kind of step. On job training that too for 1 year and asking to serve for 2 years otherwise to surrender the whole amount earned seems too unreasonable to me and i guess to other members as well.
As far as the cost of litigation is concerned. All you need to put all the matter on a paper and go to labour commissioner with firm determination to fight back you do not need a lawyer as lawyer are not allowed to participate in conciliation proceedings. So dont worry and be firm.
From India, New Delhi
Could you check if she has a copy of the agreement. If so, check the date of signature in every single page of it also could you check it with her if the agreement was in stamp paper, if so, check the date of it along with the name in the agreement. This could help her to talk upfront but anyways if she had gone to this extent. It is better that she does not get back to the company again.
It is always better to see the other greener side. :)
From India, Madras
It is always better to see the other greener side. :)
From India, Madras
She do not have original copy of agreement
It is only a 2 page agreement. On 1st page there is company's stamp and on 2nd page there are 3 signatures - hers, HRs and her sir (supervisor i guess)
Agreement is on 100 Rs stamp paper. I said in the above post that it was notarized, however It wasn't notarized. It bears no notary and just the company's stamp.
Now there are following stamps on pg 1
Sm stamp office, mumbai - date 10th aug
Her office stamp with address - date 16th aug 2011
the agreement is said to have entered on 11th aug 2011
I hope some light can be thrown so that I can understand this point better.
Thank you in advance. :-)
From India, Mumbai
It is only a 2 page agreement. On 1st page there is company's stamp and on 2nd page there are 3 signatures - hers, HRs and her sir (supervisor i guess)
Agreement is on 100 Rs stamp paper. I said in the above post that it was notarized, however It wasn't notarized. It bears no notary and just the company's stamp.
Now there are following stamps on pg 1
Sm stamp office, mumbai - date 10th aug
Her office stamp with address - date 16th aug 2011
the agreement is said to have entered on 11th aug 2011
I hope some light can be thrown so that I can understand this point better.
Thank you in advance. :-)
From India, Mumbai
Hi Ankita,
This clearly means, that the Company cannot take any legal action and it is clearly evident that Company did not take every single step cautiously which means the Employee can talk to them upfront and tell them that they are wrong.
Also, didnt she sign with any date, if so, whats the date mentioned?
Also, whats the date mentioned by the other person(Employer)?
Thanks,
Priya
From India, Madras
This clearly means, that the Company cannot take any legal action and it is clearly evident that Company did not take every single step cautiously which means the Employee can talk to them upfront and tell them that they are wrong.
Also, didnt she sign with any date, if so, whats the date mentioned?
Also, whats the date mentioned by the other person(Employer)?
Thanks,
Priya
From India, Madras
Neither my friend nor the employers have signed with date. The only dates mentioned are -
10th aug 2011 near the stamp of some stamp office
16th aug 2011 near the company's stamp
11th aug 2011 - her joining date.
Apart from these 3 dates, no other dates have been mentioned, neither in the agreement, nor under the signature whilst signing.
From India, Mumbai
10th aug 2011 near the stamp of some stamp office
16th aug 2011 near the company's stamp
11th aug 2011 - her joining date.
Apart from these 3 dates, no other dates have been mentioned, neither in the agreement, nor under the signature whilst signing.
From India, Mumbai
Dear All,
This is same case like mine.
I also want to leave my current company but i m in bond which is remain valid till feb-14
can I also left the company after clearing all dues and handover. can my current employer will interrupt in clearing of my PF, Full n final settelment etc.
From India, Pune
This is same case like mine.
I also want to leave my current company but i m in bond which is remain valid till feb-14
can I also left the company after clearing all dues and handover. can my current employer will interrupt in clearing of my PF, Full n final settelment etc.
From India, Pune
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Service agreement.doc