Hi,
I am Rajvir Singh Beniwal-HRD Manager.
I would like to tell you that if your friend has signed bound paper. No issue. I would like to tell you to pay whole salary of the worked duration, no question arise if she has not submitted wrong information at the time of joining. However, she has worked and spend his time. She can refuse and say that at the time of joining every employee is happy to got the job and did not see what is written on the paper. HR Dept got signature on the paper at the time of giving me appointment letter and about the bond, they did not give me time to study the same. If they harass you can approach to the labour office or union.
Rajvir Singh Beniwal
From India, Delhi
1I am Rajvir Singh Beniwal-HRD Manager.
I would like to tell you that if your friend has signed bound paper. No issue. I would like to tell you to pay whole salary of the worked duration, no question arise if she has not submitted wrong information at the time of joining. However, she has worked and spend his time. She can refuse and say that at the time of joining every employee is happy to got the job and did not see what is written on the paper. HR Dept got signature on the paper at the time of giving me appointment letter and about the bond, they did not give me time to study the same. If they harass you can approach to the labour office or union.
Rajvir Singh Beniwal
From India, Delhi
Hi Anjkita,
The agreement is null and void. your freind is not liable to pay any dues. send resignation letter by Register A D.
request them to settle the dues in the resignation letter.
your freind can sue them at any point under payment of wages act and for unnecessory harrashment.
the comany is using this tactis for reducing employee turnover. however the agreement/ bond has no value they just want to create moral tension.
your frien is free to leave the company at any time.
From India, Mumbai
The agreement is null and void. your freind is not liable to pay any dues. send resignation letter by Register A D.
request them to settle the dues in the resignation letter.
your freind can sue them at any point under payment of wages act and for unnecessory harrashment.
the comany is using this tactis for reducing employee turnover. however the agreement/ bond has no value they just want to create moral tension.
your frien is free to leave the company at any time.
From India, Mumbai
Thank you all for your timely help. Just wish to update all that Finally she has been called for a meeting with the Director. Hopefully the problem should be solved under his guidance.
From India, Mumbai
From India, Mumbai
For reference to all -
She was given an appointment to Director. However before she could meet the Director, HR had a meeting with him. HR came and told her that it would only be waste of time.
The director told her that He do not generally entertain people of her level but only because they share a good rapport that he was willing to meet her. (I do not understand how the schedules matter to a Director if he can't handle employee grievance and complains) He just said he can't do much in this scene as its HR matter. If he intervenes, possibility that new trainees might just wish to leave the company without proper F&F. Saying so he left for some meeting.
The HR suggested to my friend that they can co-own a post box in a post office and she can have one key and other would be with the company. The cheque can be placed in that box for 1 year. She denied.
She asked for the invoices raised against her training, HR said she's not talking right now because training dont mean formal training but also on the job trainig and opportunity cost. (I fully agree to this but how does payment of fully earned salary till date justified is still a question)
The HR suggested that we shall give you relieving letter and your PF after 1 year. My friend agreed but asked to give the same in writing or reply it over the mail. HR refused to give anything in writing.
HR also threatened her that he would publish her photo in local newspapers and mark her absconded. (Few colleagues of her informed that he was indeed planning to do this). She protested saying how can she be marked absonded when she gave resignation letter and is still doing follow up for relieving letter? HR said yaa, but I think this is only the right word. (Lacks justification)
When my friend said I would have to discuss with my family before depositing the cheque for such big amount, HR said you should have brought one of your relative to discuss. We do not have time to go on delaying this process. At the same time he refuses to give anything in written.
--------------------------------------------------- ------------------------------------------
Please also note that while joining, my friend was told she would have to sign a 2year bond. She requested for 1 and half years but they said its company policy. She asked for terms and conditions. They said they'd discuss that later. She was okay.
After her joining she was given her 1st month's salary. She had forgotten all about the bond. And why would an employee go to HR to ask for bond and invite troubles. In the 2nd month when her salary wasn't disbursed, she asked the accounts department who informed her she didn't return the signed bond. She informed she never was given one. Then they gave her the bond and she just signed and gave. The bond has just one copy which stayed with the company. They never made another copy for employee (Strange) She asked for it so they said it's a confidential letter so we don't give to our employees. She was handed over the xerox of the agreement few months back.
=================================== =====================================
As was requested by a few seniors, here is the content of the notarized service agreement on 100 Rs stamp paper -
Agreement forming part of our Employment offer:
This Agreement is entered into this the date of August 11,2011 between ____ , a company registered in India, having its registered office at _____ (hereinafter called the 'Company') and ______, a Indian inhabitant residing at ____ (herein after referred to as 'Employee') of the other part.
WHERAS
A. The company has selected the employee for the position of 'Management Trainee - MIS' which would initially involve extensive training for One Year for imparting the required level of skills, for effectively carrying out the official responsibilities assigned to the Employee.
B. The Employee, on joining the Company, undertook to stay in employment of the Company for a minimum period of teo years.
B.1 In case of any separation on any accord / reason, the employee will have to serve three months notice to the company.
C. The employee undertake to undergo the training menthodologies, as may be required, and understand job responsibilitites, so that the same are carried out in an effective manner.
D. The Employee, as part of consideration for the training efforts and costs involved, agreed to sign a bond for not leaving the services of the company for a minimum period of two years from the date of her joining the services of the company.
Now this Agreeemnt Witnesseth As Below:
1. In case the employee, for any reason, leaves the services of the company before the said period of two years, then she shall forthwith pay the entire sun earned till date as being the indemnification of the cost of training to the company. The employee undertakes not to dispute the amount and shall pay the amount, before requesting the formal relieving order form the company.
2. That the said employee shall be just and faithful to the company in all matters and shall not at any time except under legal process, divulge to any person whatsoever and shall use her best endeavors to prevent her publication or disclosure of any trade secret or any business processs or any confidential matter or information concerning management decision of the Company or of its dealings, transactions, or affairs which may come to her knowledge.
3. However, company has the right to ...... terminate the employment of the employee in case if she breaches any of the above provisions and founds dishonest to the company at any moment of her employment without any notice.
4. In witness hereof the parties have executed this Agreement on the day and date mentioned above at Mumbai.
Signed by the duly authorised representative for
And on behalf of the company in presence of
Signed by my friend
Signed by the employee in presence of
1)
2)
From India, Mumbai
She was given an appointment to Director. However before she could meet the Director, HR had a meeting with him. HR came and told her that it would only be waste of time.
The director told her that He do not generally entertain people of her level but only because they share a good rapport that he was willing to meet her. (I do not understand how the schedules matter to a Director if he can't handle employee grievance and complains) He just said he can't do much in this scene as its HR matter. If he intervenes, possibility that new trainees might just wish to leave the company without proper F&F. Saying so he left for some meeting.
The HR suggested to my friend that they can co-own a post box in a post office and she can have one key and other would be with the company. The cheque can be placed in that box for 1 year. She denied.
She asked for the invoices raised against her training, HR said she's not talking right now because training dont mean formal training but also on the job trainig and opportunity cost. (I fully agree to this but how does payment of fully earned salary till date justified is still a question)
The HR suggested that we shall give you relieving letter and your PF after 1 year. My friend agreed but asked to give the same in writing or reply it over the mail. HR refused to give anything in writing.
HR also threatened her that he would publish her photo in local newspapers and mark her absconded. (Few colleagues of her informed that he was indeed planning to do this). She protested saying how can she be marked absonded when she gave resignation letter and is still doing follow up for relieving letter? HR said yaa, but I think this is only the right word. (Lacks justification)
When my friend said I would have to discuss with my family before depositing the cheque for such big amount, HR said you should have brought one of your relative to discuss. We do not have time to go on delaying this process. At the same time he refuses to give anything in written.
--------------------------------------------------- ------------------------------------------
Please also note that while joining, my friend was told she would have to sign a 2year bond. She requested for 1 and half years but they said its company policy. She asked for terms and conditions. They said they'd discuss that later. She was okay.
After her joining she was given her 1st month's salary. She had forgotten all about the bond. And why would an employee go to HR to ask for bond and invite troubles. In the 2nd month when her salary wasn't disbursed, she asked the accounts department who informed her she didn't return the signed bond. She informed she never was given one. Then they gave her the bond and she just signed and gave. The bond has just one copy which stayed with the company. They never made another copy for employee (Strange) She asked for it so they said it's a confidential letter so we don't give to our employees. She was handed over the xerox of the agreement few months back.
=================================== =====================================
As was requested by a few seniors, here is the content of the notarized service agreement on 100 Rs stamp paper -
Agreement forming part of our Employment offer:
This Agreement is entered into this the date of August 11,2011 between ____ , a company registered in India, having its registered office at _____ (hereinafter called the 'Company') and ______, a Indian inhabitant residing at ____ (herein after referred to as 'Employee') of the other part.
WHERAS
A. The company has selected the employee for the position of 'Management Trainee - MIS' which would initially involve extensive training for One Year for imparting the required level of skills, for effectively carrying out the official responsibilities assigned to the Employee.
B. The Employee, on joining the Company, undertook to stay in employment of the Company for a minimum period of teo years.
B.1 In case of any separation on any accord / reason, the employee will have to serve three months notice to the company.
C. The employee undertake to undergo the training menthodologies, as may be required, and understand job responsibilitites, so that the same are carried out in an effective manner.
D. The Employee, as part of consideration for the training efforts and costs involved, agreed to sign a bond for not leaving the services of the company for a minimum period of two years from the date of her joining the services of the company.
Now this Agreeemnt Witnesseth As Below:
1. In case the employee, for any reason, leaves the services of the company before the said period of two years, then she shall forthwith pay the entire sun earned till date as being the indemnification of the cost of training to the company. The employee undertakes not to dispute the amount and shall pay the amount, before requesting the formal relieving order form the company.
2. That the said employee shall be just and faithful to the company in all matters and shall not at any time except under legal process, divulge to any person whatsoever and shall use her best endeavors to prevent her publication or disclosure of any trade secret or any business processs or any confidential matter or information concerning management decision of the Company or of its dealings, transactions, or affairs which may come to her knowledge.
3. However, company has the right to ...... terminate the employment of the employee in case if she breaches any of the above provisions and founds dishonest to the company at any moment of her employment without any notice.
4. In witness hereof the parties have executed this Agreement on the day and date mentioned above at Mumbai.
Signed by the duly authorised representative for
And on behalf of the company in presence of
Signed by my friend
Signed by the employee in presence of
1)
2)
From India, Mumbai
Dear Ankita,
After going through u r recent mail plz confirm us
1. As your friend joined as Management Trainee - MIS' for 1 year whether she is confirmed or not. Any confirmation letter given to her.
2. When ur friend has given her resignation via mail or hard copy did she have any received copy of that.
Findings from the Agreement Format:-
After going through the agreement it clearly look like 1 sided agreement made by the employer
points like
B. The Employee, on joining the Company, undertook to stay in employment of the Company for a minimum period of two years.
B.1 In case of any separation on any accord / reason, the employee will have to serve three months notice to the company.
However, company has the right to ...... terminate the employment of the employee in case if she breaches any of the above provisions and founds dishonest to the company at any moment of her employment without any notice.
D. The Employee, as part of consideration for the training efforts and costs involved, agreed to sign a bond for not leaving the services of the company for a minimum period of two years from the date of her joining the services of the company.
No where any thing was mentioned of recovery of any amount.
It is clearly visible that this contract is one side i.e The appointment order provides that the services of the employee can be terminated without notice or without assigning any reason whatsoever but the employee cannot leave the employment without notice.
I believe if your friend take an advice from a good layer and sue a case on Civil court then the problem can be resolved easily.
Experts need ur views
Thanks/Regards
Ratikanta Rath
From India, Durgapur
After going through u r recent mail plz confirm us
1. As your friend joined as Management Trainee - MIS' for 1 year whether she is confirmed or not. Any confirmation letter given to her.
2. When ur friend has given her resignation via mail or hard copy did she have any received copy of that.
Findings from the Agreement Format:-
After going through the agreement it clearly look like 1 sided agreement made by the employer
points like
B. The Employee, on joining the Company, undertook to stay in employment of the Company for a minimum period of two years.
B.1 In case of any separation on any accord / reason, the employee will have to serve three months notice to the company.
However, company has the right to ...... terminate the employment of the employee in case if she breaches any of the above provisions and founds dishonest to the company at any moment of her employment without any notice.
D. The Employee, as part of consideration for the training efforts and costs involved, agreed to sign a bond for not leaving the services of the company for a minimum period of two years from the date of her joining the services of the company.
No where any thing was mentioned of recovery of any amount.
It is clearly visible that this contract is one side i.e The appointment order provides that the services of the employee can be terminated without notice or without assigning any reason whatsoever but the employee cannot leave the employment without notice.
I believe if your friend take an advice from a good layer and sue a case on Civil court then the problem can be resolved easily.
Experts need ur views
Thanks/Regards
Ratikanta Rath
From India, Durgapur
Dear Ankita,
After going through your recent update please tell me if your friend had some previous work experience or not?
Although 1 year on job training for just MIS Executive ............... it seems too much to me. I am of the view that even in case of fresher in the job dosen't need 1 year training. It is clearly made to take advantage of the Law. I am of the view that the same can be defended and ask your friend not to succumb to the pressure built by the Management.
As far as the opportunity cost is concerned, my question to the management would be why are you hiring freshers then? Go and hire experienced people. There is nothing like opportunity cost?
Please take a stand and fight for the Malpractices introduced just to take advantage of Law.
From India, New Delhi
After going through your recent update please tell me if your friend had some previous work experience or not?
Although 1 year on job training for just MIS Executive ............... it seems too much to me. I am of the view that even in case of fresher in the job dosen't need 1 year training. It is clearly made to take advantage of the Law. I am of the view that the same can be defended and ask your friend not to succumb to the pressure built by the Management.
As far as the opportunity cost is concerned, my question to the management would be why are you hiring freshers then? Go and hire experienced people. There is nothing like opportunity cost?
Please take a stand and fight for the Malpractices introduced just to take advantage of Law.
From India, New Delhi
Hello Ratikanta.
Thankyou for your help. With regards to your question -
Yes, she was given a confirmation letter on 1st April 2012.
She submitted the resignation in hard copy in the month of Dec. They have not acknowledged the copy or sent her acceptance letter as well.
==================
Kamalkant Sir,
Thank you for all the advices.
She do not have any prior work experience. She joined the company in Aug 2011 as a fresher.
Yes, the point is well taken. Perhaps it did not strike that time. On-the-job learning usually is difficult to track and we are helpless about it so it makes difficult to put our arguments in front of an experienced person.
She was told that they would arrange for a meeting on 12th March.
She is being firm only because she realised that this is not the right practice and is questionable under law.
However she cannot spend the amount on legal proceedings as I already mentioned she is to get married soon.
I wanted to know your suggestion on this -
If incase the 12th meeting do not work, she should register AD the minutes of the case so far to the company. This will re-enforce the fact that she is continously following up for the relieving process.
If there is no reply from their end, I would want to know if she should first contact the labour office or she should directly send a legal notice through a lawyer?
Looking forward to your valuable guidance.
From India, Mumbai
Thankyou for your help. With regards to your question -
Yes, she was given a confirmation letter on 1st April 2012.
She submitted the resignation in hard copy in the month of Dec. They have not acknowledged the copy or sent her acceptance letter as well.
==================
Kamalkant Sir,
Thank you for all the advices.
She do not have any prior work experience. She joined the company in Aug 2011 as a fresher.
Yes, the point is well taken. Perhaps it did not strike that time. On-the-job learning usually is difficult to track and we are helpless about it so it makes difficult to put our arguments in front of an experienced person.
She was told that they would arrange for a meeting on 12th March.
She is being firm only because she realised that this is not the right practice and is questionable under law.
However she cannot spend the amount on legal proceedings as I already mentioned she is to get married soon.
I wanted to know your suggestion on this -
If incase the 12th meeting do not work, she should register AD the minutes of the case so far to the company. This will re-enforce the fact that she is continously following up for the relieving process.
If there is no reply from their end, I would want to know if she should first contact the labour office or she should directly send a legal notice through a lawyer?
Looking forward to your valuable guidance.
From India, Mumbai
Hello Kamal Kant Tyagi,
Based on what Ankita Shah mentioned about 'HR threatening her that he would publish her photo in local newspapers and mark her absconded & also corroborated by few colleagues', pl confirm/clarify IF there is some way to PRE-EMPT this action by the company? Something like the 'restraint mechanism' by courts in many cases.
I think it would be wiser to pre-empt any such possibility by the company rather than 'reacting' to the situation, which would turn-out to be long-drawn & expensive in the long-run.
@ Ankita Shah--
What is the 12 March meeting for? When your friend's Director can take a stand 'he can't do much in this scene as its HR matter', I can see there's more than just a simple assurance of yet another meeting.
Reg the 1 year Training period, I think many companies have this duration for Freshers--more a norm than exception. But...a BIG BUT......what baffles me is the total lack of transparency in this company in such issues. Either the HR DOESN'T know the rules of the game, or it's DELIBERATE from their end......though I feel it's more the later than the former, based on the sequence of events you have been mentioning.
Also, pl confirm IF your friend informed her fiancee about the situation so far? Maybe it's better to involve him too...or at least keep him updated/informed.
Rgds,
TS
From India, Hyderabad
Based on what Ankita Shah mentioned about 'HR threatening her that he would publish her photo in local newspapers and mark her absconded & also corroborated by few colleagues', pl confirm/clarify IF there is some way to PRE-EMPT this action by the company? Something like the 'restraint mechanism' by courts in many cases.
I think it would be wiser to pre-empt any such possibility by the company rather than 'reacting' to the situation, which would turn-out to be long-drawn & expensive in the long-run.
@ Ankita Shah--
What is the 12 March meeting for? When your friend's Director can take a stand 'he can't do much in this scene as its HR matter', I can see there's more than just a simple assurance of yet another meeting.
Reg the 1 year Training period, I think many companies have this duration for Freshers--more a norm than exception. But...a BIG BUT......what baffles me is the total lack of transparency in this company in such issues. Either the HR DOESN'T know the rules of the game, or it's DELIBERATE from their end......though I feel it's more the later than the former, based on the sequence of events you have been mentioning.
Also, pl confirm IF your friend informed her fiancee about the situation so far? Maybe it's better to involve him too...or at least keep him updated/informed.
Rgds,
TS
From India, Hyderabad
I think they expect her to give up by handing over a cheque because they gave her a meeting date only after she said she can't deposit such huge amount and needs to consult. I too doubt the matter would close on this simple terms as now I feel the issue is not compliance issue, it had emerged more on the ego of the HR to prove himself right.
Hence just to be ready for the next leap, I asked if it should be labour office or the lawyer's notice.
Her fiancee does know about the whole issue and is supportive. But the issue is again we lack the knowledge and experience to tackle such situation. The amount is too high to forego especially in the situation that a person is getting married. And if the HR would have wanted money, he might have perhaps tried to settle it out by quoting it down or negotitating. He is not doing it. He plainly informed her that he is not at all motivated to help her and is not here to help her. He just needs her to hand over the cheque for a peaceful settlement....
Fail to understand what it means...
From India, Mumbai
Hence just to be ready for the next leap, I asked if it should be labour office or the lawyer's notice.
Her fiancee does know about the whole issue and is supportive. But the issue is again we lack the knowledge and experience to tackle such situation. The amount is too high to forego especially in the situation that a person is getting married. And if the HR would have wanted money, he might have perhaps tried to settle it out by quoting it down or negotitating. He is not doing it. He plainly informed her that he is not at all motivated to help her and is not here to help her. He just needs her to hand over the cheque for a peaceful settlement....
Fail to understand what it means...
From India, Mumbai
Dear Ankita,
Tell your friend to contact any Lawyer and file a case in civil court so that payment part will be held up until any judgement before it get more worse. Becaz already u r friend did lot of mistakes even though her resignation was not accepted on that day by the management she should send the resignation through postal with AD she has not done any thing later case easily HR person can say that they have not received any resignation from her too. Since she is a confirmed employee and in staff/ executive category she should go for civil case since she can't file any dispute under ID Act in RLC/DLC.
Experts need ur views.
Thanks/Regards
Ratikanta Rath
From India, Durgapur
Tell your friend to contact any Lawyer and file a case in civil court so that payment part will be held up until any judgement before it get more worse. Becaz already u r friend did lot of mistakes even though her resignation was not accepted on that day by the management she should send the resignation through postal with AD she has not done any thing later case easily HR person can say that they have not received any resignation from her too. Since she is a confirmed employee and in staff/ executive category she should go for civil case since she can't file any dispute under ID Act in RLC/DLC.
Experts need ur views.
Thanks/Regards
Ratikanta Rath
From India, Durgapur
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Service agreement.doc