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vasavi_vasu
1

Dear All,

One of the employee who joined a week ago and wants to resign now. He is having 2-year bond which he already signed on the joining date by agreeing terms and conditions. So we called him for meeting to discuss. He started giving his reasons
1. Not interested to work because of bond
2.not interested to work on Saturdays
3.Need more salary
for the first two points we already communicated with him before joining. for 3rd point we are ready to accommodations charges as (12K) every month.
Still he is not saying ready to continue. Kindly suggest how to proceed with this and wanted to add one more point. we have waited him to join for 90 days.

Regards,
Vasavi

From India, Bangalore
Madhu.T.K
4222

Every decision will involve a risk, and that principle applies both to you as an employer and him as an employee. after waiting for 90 days, you have inducted him, but suppose that if you find that he is not at all performing, and his attitude is very bad, and you finally find that he will not add any value to the organisation. What will you do? You will ask him to go. At that time you will just forget about the bond which should be one sided (as always), right? In the similar way, the employee should have resigned from his organisation, remained there for 90 days, and joined you by agreeing to remain with you for two years. After joining only he found that your attitude is not positive, the work culture (of the organisation) is not as expected. He should also have the option of leaving you.

Legally you cannot enforce the bond. So far you have not given him any training also. If he leaves you, you cannot take any legal action against him. Right to work (with an employer one likes) is a fundamental right. He can say that this is not the employer you expected. The decision to join you was a wrong decision. Therefore, considering that decision to offer employment to this employee and decision to wait for this employee for 90 days were wrong, you should allow him to go. There will be a business loss. That should be treated as one of the many losses that you may have in the business.

From India, Kannur
vasavi_vasu
1

Thankyou for your response.
That means employee only have all the rights to do anything according to their wish. Employer should keep quit. How can this be right sir. If so tomorrow some other wil come and try to do the same.. Stil we should be the same..

Regards,
Vasavi

From India, Bangalore
Madhu.T.K
4222

Yes, the employee only has rights under Labour Laws. the employer can certainly refuse to give employment. If he is ready to offer employment, he should understand that it is not just to give employment that he is doing business but beyond that he would get a return on investment. If he can do the work by himself, let the employer do it. Who said that he should employ a worker? If employed, he should follow the law of the land.
From India, Kannur
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