You can go for a bond with the employee, but the bond must be valid as per the Indian Contract Act, 1872. You need to produce training cost proofs, etc. The bond must be mutually beneficial but not one-sided.
From India, Hyderabad
From India, Hyderabad
Basic salary is $16,000. I worked for 10 days in September, and my salary was $5,333. My question is, will the PF share be deducted from the $5,333? The PF limit is $15,000, so for 10 days, the amount will be $5,000. Which amount will the PF be deducted from? Please help!
Thank you
From India, New Delhi
Thank you
From India, New Delhi
Dear Vaishali,
Our learned members have given you very good suggestions on the aspect of employee retention. Apart from that, they have put forward valid arguments for and against employment bonds as an alternative. In this regard, I am in complete agreement with M/s Saikumar and Satyanarayana. Unless the employer can prove to the satisfaction of the court the compelling need for an employment bond, courts would typically deem such bonds as contrary to public policy under sec. 23 of the Contract Act, 1872, and declare them void.
You have not provided any indication of the "security" rationale that necessitates employees to stay in the job compulsorily for a minimum of three years. Alternatively, it may give the impression that the job requirement is only for a period of 3 years, and afterward, the management can easily let them go.
Therefore, my suggestion, as an alternative to avoid legal complications and to instill confidence in prospective employees, would be for you to consider the option of Fixed-Term Contract Employment for an initial period of 3 years. This contract should include a clear, longer notice period for unilateral exit, followed by the possibility of transitioning to permanent employment with continuity of service and associated benefits on par with other regular employees of the organization, contingent upon the completion of the full contract period.
From India, Salem
Our learned members have given you very good suggestions on the aspect of employee retention. Apart from that, they have put forward valid arguments for and against employment bonds as an alternative. In this regard, I am in complete agreement with M/s Saikumar and Satyanarayana. Unless the employer can prove to the satisfaction of the court the compelling need for an employment bond, courts would typically deem such bonds as contrary to public policy under sec. 23 of the Contract Act, 1872, and declare them void.
You have not provided any indication of the "security" rationale that necessitates employees to stay in the job compulsorily for a minimum of three years. Alternatively, it may give the impression that the job requirement is only for a period of 3 years, and afterward, the management can easily let them go.
Therefore, my suggestion, as an alternative to avoid legal complications and to instill confidence in prospective employees, would be for you to consider the option of Fixed-Term Contract Employment for an initial period of 3 years. This contract should include a clear, longer notice period for unilateral exit, followed by the possibility of transitioning to permanent employment with continuity of service and associated benefits on par with other regular employees of the organization, contingent upon the completion of the full contract period.
From India, Salem
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From India, New Delhi
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From India, New Delhi
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From India, New Delhi
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From India, New Delhi
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From India, Hyderabad
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From India, Hyderabad
An appointment letter is a bilateral agreement. You cannot unilaterally ask a candidate to abide by your rules and regulations. On the other hand, if you create an excellent work environment, promote employee engagement, provide proper career growth opportunities, identify high performers, nurture them, understand what motivates them to perform, and develop their skills and competencies, individuals are less likely to leave the organization.
I began my career as an Executive Secretary to one of the five board directors in 1978 at L&T in Delhi, after resigning from a permanent job in the Central Government. I retired from L&T after 31 years as a Senior DGM and Head of HR, and spent an additional two years there as an HR Consultant. Never once did I consider resigning. Currently, I am enjoying post-retirement life, engaging in overseas travel for training and HR assignments, which keep me occupied with my soft skills and HR training work all the time.
From India, Bengaluru
I began my career as an Executive Secretary to one of the five board directors in 1978 at L&T in Delhi, after resigning from a permanent job in the Central Government. I retired from L&T after 31 years as a Senior DGM and Head of HR, and spent an additional two years there as an HR Consultant. Never once did I consider resigning. Currently, I am enjoying post-retirement life, engaging in overseas travel for training and HR assignments, which keep me occupied with my soft skills and HR training work all the time.
From India, Bengaluru
Normally, the appointment letters are issued with the mention of a probation period of 6 months or 1 year, as the case may be. Upon successful completion of the probation period, the services are confirmed. However, you cannot compel an employee to work continuously for a period of at least 3 years; rather, the HR should devise a proper policy to retain such employees.
Alternatively, there is a provision for FIXED TERM EMPLOYMENT (Contractual) where you can include a provision for appointments lasting 3 years, subject to the applicable terms and conditions as stated in a normal appointment letter.
9937822563/6370361410
From India, Bhubaneswar
Alternatively, there is a provision for FIXED TERM EMPLOYMENT (Contractual) where you can include a provision for appointments lasting 3 years, subject to the applicable terms and conditions as stated in a normal appointment letter.
9937822563/6370361410
From India, Bhubaneswar
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