To Ms. Harshada,
refusal to pay salary due to an employee is not exactly legal. Insted you pay him the salary due to him, make all the necessary records regarding the payment and at the same time ask him to give you cheque towards the amount due from him to the company (may be equvivalent to 15 days salary if you wish). This way you will be safe. However it may be noted that if you let one employee to get away by loosing just 15 days salary it may set up a bad president in your organisation and other employees may take disadvantage of it.
To Mr. Tikam,
While deciding which court shall have jurisdiction in such matter the question of applicability of Factories Act/ Shop Act etc. is not really relevant. It is a suit for damages for breach of contract between 2 legal persons, the company being one legal person. Anyway, thank you for inviting me for the meet. Please provide me further details as to the program.
To Mr. Satish,
You are correct. such contract should be on 100 Rs. stamp paper and not on letter head. Damages to the extent of expenses incurred by the company can be claimed. The terms of contract should inter alia state and make clear to the employee that the company is going to spend money to train him and in return he shall benefit the company after completion of the trainig.
S.M. Paranjape, Advocate
From India, Pune
12refusal to pay salary due to an employee is not exactly legal. Insted you pay him the salary due to him, make all the necessary records regarding the payment and at the same time ask him to give you cheque towards the amount due from him to the company (may be equvivalent to 15 days salary if you wish). This way you will be safe. However it may be noted that if you let one employee to get away by loosing just 15 days salary it may set up a bad president in your organisation and other employees may take disadvantage of it.
To Mr. Tikam,
While deciding which court shall have jurisdiction in such matter the question of applicability of Factories Act/ Shop Act etc. is not really relevant. It is a suit for damages for breach of contract between 2 legal persons, the company being one legal person. Anyway, thank you for inviting me for the meet. Please provide me further details as to the program.
To Mr. Satish,
You are correct. such contract should be on 100 Rs. stamp paper and not on letter head. Damages to the extent of expenses incurred by the company can be claimed. The terms of contract should inter alia state and make clear to the employee that the company is going to spend money to train him and in return he shall benefit the company after completion of the trainig.
S.M. Paranjape, Advocate
From India, Pune
Hi Sameer,
One of our employee is going on a long leave to undergo one training. The organization is not bearing the cost of training but yes providing him assistance in completing all the formalities for the same. The organization is also providing him paid leave.
We want him to sign a bond stating that he will not leave our organization for a duration of 2 years once he completes his training since the organization is providing him with all the required support.
Kindly suggest something in this regard.
From India, Delhi
One of our employee is going on a long leave to undergo one training. The organization is not bearing the cost of training but yes providing him assistance in completing all the formalities for the same. The organization is also providing him paid leave.
We want him to sign a bond stating that he will not leave our organization for a duration of 2 years once he completes his training since the organization is providing him with all the required support.
Kindly suggest something in this regard.
From India, Delhi
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