But if suppose any one breaks it ,then will it be accepted legally to do a legal action.
otherwise there is no mining to make this king of agreement letter.
If we are making or mentioning the terms in the letter & use to get sign by the employee but simply on paper then will it be accepted by law?
Regards,
Harshada
From India, Pune
otherwise there is no mining to make this king of agreement letter.
If we are making or mentioning the terms in the letter & use to get sign by the employee but simply on paper then will it be accepted by law?
Regards,
Harshada
From India, Pune
I Don't think it will be accepted by law & even teir intention is all together different they are cutting employees salary part & then payin back after the agreement completes,the employee has no option but to stay atlst for that period if the deduction is high.
From India, Gurgaon
2From India, Gurgaon
Hi,
Yes legal action is taken by the compnay if one breaks the retainers agreement as it is worded in such a manner.
Law is a law whether written in company letter head or in stamp paper is the thinking carreid in our comapnay for nearly 25 years.
I guess I have clarified your query.
Regards
Karuuna
From India, Mumbai
Yes legal action is taken by the compnay if one breaks the retainers agreement as it is worded in such a manner.
Law is a law whether written in company letter head or in stamp paper is the thinking carreid in our comapnay for nearly 25 years.
I guess I have clarified your query.
Regards
Karuuna
From India, Mumbai
Ms. Harshada Kulkarni,
I am expert in law relating to employment and have 10 years experience in this field. I don't know whether your problem is solved yet but in my opinion you were not properly and adequately guided, leave alone from a lawyer based in pune. You can claim damages to the extent of the loss caused to you by your employee. In case of breach of Service bond you should not approach the Labour Court. instead you should approach the Civil Court. At present I am fighting such cases in pune Court on behalf of a German Company. If you need any detailed information regarding this and the employment law you can contact me on my e-mail or on mobile (9850083760).
Sameer Paranjape, Advocate,
Shri Mangal Society, Next to Jog Hospital, Poud Road, Pune-411038
From India, Pune
I am expert in law relating to employment and have 10 years experience in this field. I don't know whether your problem is solved yet but in my opinion you were not properly and adequately guided, leave alone from a lawyer based in pune. You can claim damages to the extent of the loss caused to you by your employee. In case of breach of Service bond you should not approach the Labour Court. instead you should approach the Civil Court. At present I am fighting such cases in pune Court on behalf of a German Company. If you need any detailed information regarding this and the employment law you can contact me on my e-mail or on mobile (9850083760).
Sameer Paranjape, Advocate,
Shri Mangal Society, Next to Jog Hospital, Poud Road, Pune-411038
From India, Pune
Hi,
thanks Sameer for the info you have given.
I am don't know @ the process for this will You guide me on this how HR person can take a legal action on if this kind of problem occur in the organization.
One more query I have, one of the employee has left the organization with out notice period he has sent me a mail that I am leaving organization today only,he said he is not filling well & want to back to his native place , as he got a job there.
Even I tried to convince him that this is his carer starting if he ll not complete the notice period we will unable to provide good feedback @ him if we ll receive any call fr the company.This will be a big stone in his carer path.
But now a days many companies accept the person even without relevance & experience letter as if they have the URGENCY.
Kindly guid me on this wh action I need to take fr this kind of employees?
Thanks
Harshada
From India, Pune
thanks Sameer for the info you have given.
I am don't know @ the process for this will You guide me on this how HR person can take a legal action on if this kind of problem occur in the organization.
One more query I have, one of the employee has left the organization with out notice period he has sent me a mail that I am leaving organization today only,he said he is not filling well & want to back to his native place , as he got a job there.
Even I tried to convince him that this is his carer starting if he ll not complete the notice period we will unable to provide good feedback @ him if we ll receive any call fr the company.This will be a big stone in his carer path.
But now a days many companies accept the person even without relevance & experience letter as if they have the URGENCY.
Kindly guid me on this wh action I need to take fr this kind of employees?
Thanks
Harshada
From India, Pune
Hi,
The problem you are facing has become very common in IT Industries. Earlier employers used to terminate services of workers and the workers used to approach Labour Courts. However these days it has become difficult to retain qualified employees. Regarding your first question I have to say that in case of breach of service agreement initially a legal notice should be issued to the concerned employee stating therein the losses the company had to incur due to the breach of service contract and the details if any incurred by the company to train him etc. If the employee does not reply the notice or replies the notice but refuses any liability then the Company can approach the Civil Judge, Senior Division (depending upon the amount claimed) by filing a suit for damages and compensation. Though a company can not bind a person to serve (bonded labour not permissible) the company can ask the employee to compensate it for the loss he has caused to the company by breaking the contract. certainly sufficient documentary evidence has to be produced to the Court to prove the loss.
Regarding your second query I have to say that merely because he has mailed you that he is leaving the organization does not mean the employer employee relationship between your company and him has severed. He is legally still in your employment. He has not used the word resignation and the company hasn't accepted any resignation. You mark him absent on the muster roll and after some period you can send him legal notice claiming damages incurred by the company due to his unauthorized absence. (documentary proof necessary). You can also send legal notice to the company in which he has newly joined stating that he can not join that company as he is still in your employment. Certainly the terms and conditions in his appointment letter/service contract with you will have to be seen. However if you want to finish of the matter at this juncture I can say that you may deduct the amount due to the company towards his notice period from his terminal dues if any.
I hope I have made myself clear. If any further clarification is deemed necessary I shall be glad to be at your assistance.
S.M. Paranjape, Advocate
From India, Pune
The problem you are facing has become very common in IT Industries. Earlier employers used to terminate services of workers and the workers used to approach Labour Courts. However these days it has become difficult to retain qualified employees. Regarding your first question I have to say that in case of breach of service agreement initially a legal notice should be issued to the concerned employee stating therein the losses the company had to incur due to the breach of service contract and the details if any incurred by the company to train him etc. If the employee does not reply the notice or replies the notice but refuses any liability then the Company can approach the Civil Judge, Senior Division (depending upon the amount claimed) by filing a suit for damages and compensation. Though a company can not bind a person to serve (bonded labour not permissible) the company can ask the employee to compensate it for the loss he has caused to the company by breaking the contract. certainly sufficient documentary evidence has to be produced to the Court to prove the loss.
Regarding your second query I have to say that merely because he has mailed you that he is leaving the organization does not mean the employer employee relationship between your company and him has severed. He is legally still in your employment. He has not used the word resignation and the company hasn't accepted any resignation. You mark him absent on the muster roll and after some period you can send him legal notice claiming damages incurred by the company due to his unauthorized absence. (documentary proof necessary). You can also send legal notice to the company in which he has newly joined stating that he can not join that company as he is still in your employment. Certainly the terms and conditions in his appointment letter/service contract with you will have to be seen. However if you want to finish of the matter at this juncture I can say that you may deduct the amount due to the company towards his notice period from his terminal dues if any.
I hope I have made myself clear. If any further clarification is deemed necessary I shall be glad to be at your assistance.
S.M. Paranjape, Advocate
From India, Pune
Hi,
Thanks a lot for your quick reply.
Its really nice info you have provided me.
I think second option is ok with the company like us caz its difficult to file a case & follow up with that. As his last fifteen days payment is due with us which we will not pay him will it be the right option?
Hope in future also I ll get guidance from you.
Thanks
harshada
From India, Pune
Thanks a lot for your quick reply.
Its really nice info you have provided me.
I think second option is ok with the company like us caz its difficult to file a case & follow up with that. As his last fifteen days payment is due with us which we will not pay him will it be the right option?
Hope in future also I ll get guidance from you.
Thanks
harshada
From India, Pune
Hi Harshada,
I have gone through this posting and meanwhile I felt astonished to see the term 'Labour Court' in this case . Here one must understand as a services company you are not guided by Factory Act but by the Bombay Shops and Establishment act . And in this case it has to be a civil matter instead of a matter related to Labour Court.
See you must understand in such cases a contract untill and unless properly desighned by Lawyer will not be full proff contract and can easily get punched by the good Lawyer.
Sameer you have putted an excellant comments . Be there on the forum to give your valuable comments . Meanwhile I would like to Invite you both in our Coming HR meet at Pune. This will be there on 15th March 2008
Regards,
Tikam
From India, Pune
I have gone through this posting and meanwhile I felt astonished to see the term 'Labour Court' in this case . Here one must understand as a services company you are not guided by Factory Act but by the Bombay Shops and Establishment act . And in this case it has to be a civil matter instead of a matter related to Labour Court.
See you must understand in such cases a contract untill and unless properly desighned by Lawyer will not be full proff contract and can easily get punched by the good Lawyer.
Sameer you have putted an excellant comments . Be there on the forum to give your valuable comments . Meanwhile I would like to Invite you both in our Coming HR meet at Pune. This will be there on 15th March 2008
Regards,
Tikam
From India, Pune
Hi!
as u have sought the help for making the bond but prefere to call it as " employment agreement"
this agreement should be taken on a Rs.100/- stamp paper(non judicial stamp paper) it could contain the clause for recovery of the amount since the company is imparting the training for which we can demand for payment of the amount so agreed.
this is my info.
regards,
s.sateesh
From India, Hyderabad
as u have sought the help for making the bond but prefere to call it as " employment agreement"
this agreement should be taken on a Rs.100/- stamp paper(non judicial stamp paper) it could contain the clause for recovery of the amount since the company is imparting the training for which we can demand for payment of the amount so agreed.
this is my info.
regards,
s.sateesh
From India, Hyderabad
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