Dear friends,
I have joined a company that is planning to establish an institution and worked for four months without a written agreement. They have paid me for four months, and in the fifth month, they gave me a backdated training agreement for 6 months commencing from February 2012, which asks me to be liable to pay an equivalent amount to my salary for 6 months if I resign within the period of the agreement (6 months).
The letter does not include any information regarding responsibilities, working hours, duties, evaluation, confirmation of service, and it states that I will be trained by a trainer for 6 months. If I am absorbed into the cadre, I should work for 4 years. It also indicates that I am entitled to annual leave, but the agreement is for 6 months.
What should I do? Accept or not to?
From Sri Lanka, Colombo
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I have joined a company that is planning to establish an institution and worked for four months without a written agreement. They have paid me for four months, and in the fifth month, they gave me a backdated training agreement for 6 months commencing from February 2012, which asks me to be liable to pay an equivalent amount to my salary for 6 months if I resign within the period of the agreement (6 months).
The letter does not include any information regarding responsibilities, working hours, duties, evaluation, confirmation of service, and it states that I will be trained by a trainer for 6 months. If I am absorbed into the cadre, I should work for 4 years. It also indicates that I am entitled to annual leave, but the agreement is for 6 months.
What should I do? Accept or not to?
From Sri Lanka, Colombo
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Agreement in restraint of trade or profession is void as per the provisions of the Contract Act. Moreover, it is a violation of Article 19 of our Constitution. Further, the employer cannot recover anything more than the actual reasonable loss suffered by it in case of breach of the Bond. In case of transfer of an employee from one PSU to another through proper channel, relevant DPE Guidelines in this regard become applicable.
From India, Delhi
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58From India, Delhi
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Dear All,
I am working for a biotech company. I have been given a service bond of 5 years. If I break the bond, I need to pay 10 lakhs to the company. They sent me abroad twice and invested nearly 2.5 lakh rupees in my training. I have already worked for 2.5 years and have implemented all the techniques I learned during my training. However, the issue now is that the company is asking me to work with human pathogenic organisms (such as HPV, HCV, HBV, HIV, etc.) without proper safety measures. I already suspect that I may have contracted latent TB from working with Mycobacterium tuberculosis without adequate safety precautions. I am desperate to leave this job and join another company. Could you please advise me on whether my service bond is still valid?
Thanks in advance to all who reply to me on this!!
From India, Bhopal
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I am working for a biotech company. I have been given a service bond of 5 years. If I break the bond, I need to pay 10 lakhs to the company. They sent me abroad twice and invested nearly 2.5 lakh rupees in my training. I have already worked for 2.5 years and have implemented all the techniques I learned during my training. However, the issue now is that the company is asking me to work with human pathogenic organisms (such as HPV, HCV, HBV, HIV, etc.) without proper safety measures. I already suspect that I may have contracted latent TB from working with Mycobacterium tuberculosis without adequate safety precautions. I am desperate to leave this job and join another company. Could you please advise me on whether my service bond is still valid?
Thanks in advance to all who reply to me on this!!
From India, Bhopal
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Dear all,
I am Mahendra, working in a well-reputed organization. I have an issue with my employer. Firstly, they provided me with one year of training for free. Now, they are asking me to become a permanent employee and sign a bond of 288,000/- for a two-year contract.
My concerns are:
1. Do they have the authority to impose a bond under these conditions?
2. If they do, what should be the minimum salary?
3. How much percentage of sala...
From India, Hyderabad
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I am Mahendra, working in a well-reputed organization. I have an issue with my employer. Firstly, they provided me with one year of training for free. Now, they are asking me to become a permanent employee and sign a bond of 288,000/- for a two-year contract.
My concerns are:
1. Do they have the authority to impose a bond under these conditions?
2. If they do, what should be the minimum salary?
3. How much percentage of sala...
From India, Hyderabad
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Hi,
I have signed a bond of 6 months in a call center, but due to a health issue, I need to resign from there. However, they are asking me to pay 2 months' salary as a penalty since I have only worked for 3 months. Is there a way to resign without paying the penalty?
From India, Bangalore
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I have signed a bond of 6 months in a call center, but due to a health issue, I need to resign from there. However, they are asking me to pay 2 months' salary as a penalty since I have only worked for 3 months. Is there a way to resign without paying the penalty?
From India, Bangalore
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Hello, recently my company sent me to the UK for 2 months. Now in the UK, my client offered me a job position, and I accepted it immediately. When I returned to India, I resigned from my post. In response, my company sent me an email demanding that I pay back all my UK allowances to them before they provide me with a relieving letter. According to them, we have a separation policy with clauses that state if an employee is on an international assignment, as soon as they return to their base location, they must pay the cost of investment (minimum charges of the visa) and other allowances.
Does this mean I have to pay back all my UK money? I earned a total of 3000 GBP, and they are asking for 4130 GBP back, including my airfare, insurance, and daily allowances. I don't know what to do now, as 4130 GBP is a large amount for me. Please help me out and suggest what the exact law is regarding breaking a bond.
From United Arab Emirates, Abu Dhabi
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Does this mean I have to pay back all my UK money? I earned a total of 3000 GBP, and they are asking for 4130 GBP back, including my airfare, insurance, and daily allowances. I don't know what to do now, as 4130 GBP is a large amount for me. Please help me out and suggest what the exact law is regarding breaking a bond.
From United Arab Emirates, Abu Dhabi
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Hello, recently my company sent me to the UK for 2 months. While in the UK, my client offered me a job position, and I accepted it immediately. Now that I am back in India, I resigned from my previous post. In response, my company sent me an email stating that I must pay back all my UK allowances before they provide me with a relieving letter. According to their separation policy, there are clauses that state if an employee is on an international assignment, they must repay the cost of investment (minimum charges of visa) and other allowances upon returning to their base location.
Does this mean I have to repay all the money I earned in the UK? I earned a total of 3000 GBP, and they are demanding 4130 GBP from me, including my airfare, insurance, and daily allowances. This amount is significant for me, and I am unsure of what to do now. Could you please help me and advise on the exact laws regarding breaking this bond?
Thank you.
From United Arab Emirates, Abu Dhabi
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Does this mean I have to repay all the money I earned in the UK? I earned a total of 3000 GBP, and they are demanding 4130 GBP from me, including my airfare, insurance, and daily allowances. This amount is significant for me, and I am unsure of what to do now. Could you please help me and advise on the exact laws regarding breaking this bond?
Thank you.
From United Arab Emirates, Abu Dhabi
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My relative had been working in a company for over 4 years. He has recently left the company after serving a 2-month notice period. However, his 2.5 months of salary and PF are still pending with the company. After he left the company almost a month ago, his previous employer is asking him to sign a bond stating that he will not work with any company or engage in any business similar to his previous company. Can somebody please advise on this? Your help will be greatly appreciated.
From India, Delhi
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From India, Delhi
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Hi,
I have signed the Service Agreement for 2 years (Not a Bond). Now I want to resign from the company before the 2-year mark, and the company is requesting that I pay one year's salary if I choose to leave early. However, there is no provision for this in my Agreement.
There are two specific points in the agreement that I would like to discuss:
1. Termination
- Without prejudice to any clause, the employment of the "Conformed employee" may be terminated at any time by either party by giving two months' notice in writing or basic salary in lieu thereof as liquidated damages.
2. Company discussion on termination of employment to be final and binding on the applicant:
- The company's decision regarding the termination of employment shall be final and legally binding on the applicant. The applicant shall not be entitled to question or challenge the decision on any grounds in any court of law.
Based on the points mentioned above, I believe that I, as a conformed employee, have the right to terminate my employment with the company at any time. However, the company is now claiming that "Only the company has the right to Terminate."
Please assist me with this matter.
From India, Jalalpur
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I have signed the Service Agreement for 2 years (Not a Bond). Now I want to resign from the company before the 2-year mark, and the company is requesting that I pay one year's salary if I choose to leave early. However, there is no provision for this in my Agreement.
There are two specific points in the agreement that I would like to discuss:
1. Termination
- Without prejudice to any clause, the employment of the "Conformed employee" may be terminated at any time by either party by giving two months' notice in writing or basic salary in lieu thereof as liquidated damages.
2. Company discussion on termination of employment to be final and binding on the applicant:
- The company's decision regarding the termination of employment shall be final and legally binding on the applicant. The applicant shall not be entitled to question or challenge the decision on any grounds in any court of law.
Based on the points mentioned above, I believe that I, as a conformed employee, have the right to terminate my employment with the company at any time. However, the company is now claiming that "Only the company has the right to Terminate."
Please assist me with this matter.
From India, Jalalpur
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I suggest that you consult with a lawyer and seek his legal opinion on this employment matter from www.zippserv.com. They offer these services and employment-related legal consultation services that can be availed at http://zippserv.com.
In case you need to send or reply to a legal notice from your employer, Zippserv also offers its Legal Notice service at https://www.zippserv.com/personal-legal/legal-notice.html.
Hope this information is useful!
From India, Bengaluru
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In case you need to send or reply to a legal notice from your employer, Zippserv also offers its Legal Notice service at https://www.zippserv.com/personal-legal/legal-notice.html.
Hope this information is useful!
From India, Bengaluru
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