you may refer the doc... and i say that the agreement has stand and you're under obligations..... you mention that you have worked there for 16 months and now left the company, so in that case after the training period of one year, the company must have drawn the employment agreement and laid down the new terms and conditions. you were related to the company as the trainee and in case of 16 months, what was your role??
You must have objected for the clauses 08 and 14, and it's tripartite agreement as it also involves the person who guarantees. Anyways, since you are sure about your employer that no good amount is being spent on you during training period, you may defend the situation.
But I personally suggest you that you join the company as employer but make sure that the terms of the employment are bound by the period and also in favour of the employee unlike the present one, in the present one no choice of the trainee is taken in to consideration. You Can always take up the defense saying that you could hardly learn and satisfied with your training and you have no hope that your career path will be drawn and it is hindering your growth. Demand for more salary so that they can not offered you. Read well and understand before signing any document!! I can not guarantee the absolute escape but chances are there testing your luck....
From India, Bangalore
201You must have objected for the clauses 08 and 14, and it's tripartite agreement as it also involves the person who guarantees. Anyways, since you are sure about your employer that no good amount is being spent on you during training period, you may defend the situation.
But I personally suggest you that you join the company as employer but make sure that the terms of the employment are bound by the period and also in favour of the employee unlike the present one, in the present one no choice of the trainee is taken in to consideration. You Can always take up the defense saying that you could hardly learn and satisfied with your training and you have no hope that your career path will be drawn and it is hindering your growth. Demand for more salary so that they can not offered you. Read well and understand before signing any document!! I can not guarantee the absolute escape but chances are there testing your luck....
From India, Bangalore
ON the job training fall under Apprenticeship Act, and the agreement is not in accordance with such law........ so you may rely on BSSV’s reply....
From India, Bangalore
From India, Bangalore
Dear Mehrunisa Basima,
The case at hand is a policy decision at Government level. It has nothing to do with Bond in the private sector, which is signed to safeguard the interest of such employer who has bonafidly invested to raise the skill level of any employee. The strike was called over various other issues also. Please see the link below.
Kerala nurses’ strike over pay intensifies pay spreads in
It depends upon situations on case at hand and bond per se is not an illegal concept. Whatever judgments you referred earlier were on bonded labour system, which is all together different thing or were false bond cases. Genuine ones are still very much enforceable and legal.
From India, New Delhi
The case at hand is a policy decision at Government level. It has nothing to do with Bond in the private sector, which is signed to safeguard the interest of such employer who has bonafidly invested to raise the skill level of any employee. The strike was called over various other issues also. Please see the link below.
Kerala nurses’ strike over pay intensifies pay spreads in
It depends upon situations on case at hand and bond per se is not an illegal concept. Whatever judgments you referred earlier were on bonded labour system, which is all together different thing or were false bond cases. Genuine ones are still very much enforceable and legal.
From India, New Delhi
by the way, Lokesh, what is the name of that company and where is it?? (just out of curiosity I am asking, always better to know the pitfalls.......)
From India, Bangalore
From India, Bangalore
That is why any one needs to be very accurate & conscious while signing to anything and to be well versed with the agreement clauses and its effects.....
The below link is one such funny and brilliant example of interpretation of law and facts.......
Click on the Link : http://en.paperblog.com/samsung-pays...-coins-294795/
From India, Bangalore
The below link is one such funny and brilliant example of interpretation of law and facts.......
Click on the Link : http://en.paperblog.com/samsung-pays...-coins-294795/
From India, Bangalore
hahahahaha BSSV :-) No wonder they say — the law is an ass!!! — no pun intended pl. Rgds, TS
From India, Hyderabad
From India, Hyderabad
Very good interpretation really BSSV. But i have my doubts it is real but still this could be a possible way to comply. Ha Ha Ha Really good.. :)
From India, New Delhi
From India, New Delhi
Now "But i have my doubts it is real but still this could be a possible way to comply.", this is advocacy on HR Site !! HHe hhe, ha ha ha ha ha ......
From India, Bangalore
From India, Bangalore
Hello BSSV & Kamal Kant Tyagi,
Knowing Koreans, I wouldn't be surprised at all if this is indeed true--seriously :-)
But in all this mela, where is Lokesh Babu? Not sure if he has already made up his mind on his course-of-action.
I wish he gives an update from his end too.
Rgds,
TS
From India, Hyderabad
Knowing Koreans, I wouldn't be surprised at all if this is indeed true--seriously :-)
But in all this mela, where is Lokesh Babu? Not sure if he has already made up his mind on his course-of-action.
I wish he gives an update from his end too.
Rgds,
TS
From India, Hyderabad
Damages for Breach of Service contract.
A contract for service is arising under the Indian Contract Act, 1872. As per sec. 73 of the said Act is provided as under:
“Sec. 73. Compensation for loss or damage caused by breach of contract –
When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it.
Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.
Compensation for failure to discharge obligation resembling those created by contract - When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive th
From India, Panaji
A contract for service is arising under the Indian Contract Act, 1872. As per sec. 73 of the said Act is provided as under:
“Sec. 73. Compensation for loss or damage caused by breach of contract –
When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it.
Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.
Compensation for failure to discharge obligation resembling those created by contract - When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive th
From India, Panaji
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Employer suit for breaking service bond within 3 yrs - Delhi HC 5.9.2014.pdf
Death while in service letter for pf death claim.docx