I am working in a company for the past 2 years. I have signed an agreement with the company for 3 years for an amount of 4.50 Lakhs, which decreases to 4 lakhs at the end of the 1st year, 3.5 lakhs at the end of the 2nd year, and finally 0 at the 3rd year. Also, my father signed as a surety, and the agreement states that in case I fail to pay, my dad has to.
Now, the company promised many benefits, one of which is that the employer will gain knowledge and help further his ambitions. This was actually stated and hence is a promise.
Next, the company also promised to train me by sending me abroad, which it failed to do, even though it trained me under Chinese engineers.
Also, the training period is stated as 2 years max. I've completed more than 2 years now, still, the company hasn't recognized me at all.
Finally, the real problem is I was put under Chinese Engineers to get trained (also specified in the contract). But even after 2 years of training, I haven't gained sufficient knowledge to perform any duties independently, which is also specified. The company has failed to keep its promises, and hence I've decided that it is impeding my growth and I have no other choice but to leave.
Can I challenge the company that since it failed to keep its promises, the contract will be void, and I can leave without paying any money?
In case I have to pay, how far is my father obliged in case I refuse to pay?
Thanks in advance.
From India, Bangalore
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Now, the company promised many benefits, one of which is that the employer will gain knowledge and help further his ambitions. This was actually stated and hence is a promise.
Next, the company also promised to train me by sending me abroad, which it failed to do, even though it trained me under Chinese engineers.
Also, the training period is stated as 2 years max. I've completed more than 2 years now, still, the company hasn't recognized me at all.
Finally, the real problem is I was put under Chinese Engineers to get trained (also specified in the contract). But even after 2 years of training, I haven't gained sufficient knowledge to perform any duties independently, which is also specified. The company has failed to keep its promises, and hence I've decided that it is impeding my growth and I have no other choice but to leave.
Can I challenge the company that since it failed to keep its promises, the contract will be void, and I can leave without paying any money?
In case I have to pay, how far is my father obliged in case I refuse to pay?
Thanks in advance.
From India, Bangalore
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The Chinese couldn't speak much English, and this was really frustrating. Hence, without communication, how can I learn something?
Also, the company doesn't state anything in case it fails to keep its promises. Isn't it portraying the "One-sided nature" of the agreement?
In this agreement, the Employee can only fail; the Employer can never fail...! How is this justified?
From India, Bangalore
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Also, the company doesn't state anything in case it fails to keep its promises. Isn't it portraying the "One-sided nature" of the agreement?
In this agreement, the Employee can only fail; the Employer can never fail...! How is this justified?
From India, Bangalore
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Hello,
Perhaps I am stating an unpalatable truth!
You signed the contract in "good faith," and it is usually what everyone says and does.
For the last over two years, how many times have you "formally" taken up the matter with your employers about not getting sufficient "training"?
Even educational institutes (claim to) TEACH (train), but how many LEARN in the real sense?
Enrichment (of knowledge) has to be a two-way process - Teaching and Learning!
As you advance in life, the emphasis is greater on LEARNING rather than on TEACHING!
Whatever has prompted you to take this view of the need for "balanced agreements" has prompted you late in time (or perhaps when you need to take a possible escape route from this agreement) for certain personal (selfish) reasons.
Based on the information provided by you in the post, I will advise you to honor the contracts you have signed (even if in good faith, trust, ignorance, or whatever).
But I am not taking sides, as it were. In fact, no opinion should be given by anyone without STUDYING the actual document and stipulations therein.
Regardless, I stand by my conviction that all agreements (verbal or written) have to be honored, and finding faults as afterthoughts in an attempt to justify "breaching" the contract is NOT right!
But of course, you have a right to take any action you decide and "pay the cost" if you have to! I say this as in our judicial reality (to me) you may even get away unscathed! But that would be a chance and would involve a cost in terms of money, time, and (even if you win) the prospective employers tending to avoid a potential employee who could engage the employer in legalities whether for any reason or to suit own convenience despite signing a contract.
Suggest you weigh the alternatives and decide!
Regards,
samvedan
December 24, 2012
From India, Pune
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335Perhaps I am stating an unpalatable truth!
You signed the contract in "good faith," and it is usually what everyone says and does.
For the last over two years, how many times have you "formally" taken up the matter with your employers about not getting sufficient "training"?
Even educational institutes (claim to) TEACH (train), but how many LEARN in the real sense?
Enrichment (of knowledge) has to be a two-way process - Teaching and Learning!
As you advance in life, the emphasis is greater on LEARNING rather than on TEACHING!
Whatever has prompted you to take this view of the need for "balanced agreements" has prompted you late in time (or perhaps when you need to take a possible escape route from this agreement) for certain personal (selfish) reasons.
Based on the information provided by you in the post, I will advise you to honor the contracts you have signed (even if in good faith, trust, ignorance, or whatever).
But I am not taking sides, as it were. In fact, no opinion should be given by anyone without STUDYING the actual document and stipulations therein.
Regardless, I stand by my conviction that all agreements (verbal or written) have to be honored, and finding faults as afterthoughts in an attempt to justify "breaching" the contract is NOT right!
But of course, you have a right to take any action you decide and "pay the cost" if you have to! I say this as in our judicial reality (to me) you may even get away unscathed! But that would be a chance and would involve a cost in terms of money, time, and (even if you win) the prospective employers tending to avoid a potential employee who could engage the employer in legalities whether for any reason or to suit own convenience despite signing a contract.
Suggest you weigh the alternatives and decide!
Regards,
samvedan
December 24, 2012
From India, Pune
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I am not going into the substance side of the contract but only into the technical form of the contract. A contract, in order to be valid under the Contract Act 1872, needs to be supported by adequate consideration. You have entered into the contract and accepted the terms of the contract in consideration of the company's promise to provide you training abroad and many other benefits in terms of growth and knowledge, which you claim that you did not receive because of the communication barriers with Chinese engineers. You also claim that you have not been sent abroad. Thus, it appears that there is no adequate consideration for the contract from the company's side. However, if you expressed your views in writing to the company about the impediments to your growth and gaining knowledge, it would further strengthen your case. Thus, the contract may not be a valid one.
You need to engage a corporate lawyer to make out a case and to examine the evidence in support of you and fight the case legally, which may consume your time and money. You need to take a call taking into factors like:
1. How expensive is the litigation and whether it is worth the cost?
2. How long the litigation takes place?
3. How strong is the evidence in your favor?
4. What can be the immediate relief to you?
There is no point serving the company during litigation. It can neither free you from the contract nor have strained relations with the company. By the time the litigation comes to an end, you might complete the contract period since only one year is left. Therefore, the prudent option appears to be to complete the contract and explore other job opportunities.
B. Saikumar
Mumbai
From India, Mumbai
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You need to engage a corporate lawyer to make out a case and to examine the evidence in support of you and fight the case legally, which may consume your time and money. You need to take a call taking into factors like:
1. How expensive is the litigation and whether it is worth the cost?
2. How long the litigation takes place?
3. How strong is the evidence in your favor?
4. What can be the immediate relief to you?
There is no point serving the company during litigation. It can neither free you from the contract nor have strained relations with the company. By the time the litigation comes to an end, you might complete the contract period since only one year is left. Therefore, the prudent option appears to be to complete the contract and explore other job opportunities.
B. Saikumar
Mumbai
From India, Mumbai
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Dear Mr. Saikumar,
Though I can't say for sure I have expressed it in writing, I have taken up the matter along with my colleague (who also has just the same agreement) to my boss several times. He never acted in our best interests. Even though he verbally acknowledged that we are facing problems with Chinese and understood it, he refuses to take proactive action to solve the problem and procrastinates as if it is normal and we have to be patient.
But isn't it hindering my professional growth? Why should I work for a company that has no care for its employees?
Also, Mr. Samvedan,
I am not a stupid person; I am a topper in my class and a scholarship holder. I understand that no one teaches in the professional world, and we have to learn ourselves. But the circumstances make it impossible to learn, as learning also involves communication. Whatever knowledge I have gained in the past two years is due to my own competence.
From India, Bangalore
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Though I can't say for sure I have expressed it in writing, I have taken up the matter along with my colleague (who also has just the same agreement) to my boss several times. He never acted in our best interests. Even though he verbally acknowledged that we are facing problems with Chinese and understood it, he refuses to take proactive action to solve the problem and procrastinates as if it is normal and we have to be patient.
But isn't it hindering my professional growth? Why should I work for a company that has no care for its employees?
Also, Mr. Samvedan,
I am not a stupid person; I am a topper in my class and a scholarship holder. I understand that no one teaches in the professional world, and we have to learn ourselves. But the circumstances make it impossible to learn, as learning also involves communication. Whatever knowledge I have gained in the past two years is due to my own competence.
From India, Bangalore
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Service agreement.doc