Hi I have signed an appointment letter with company X. Along with this company I had another offer with company Y. The company X didn\'t give me an offer letter and gave me 5 mins time to sign the appointment letter. It didn\'t get the witness signed in front of me. When I asked they said they will get it signed by their employees afterwards. There was section in the appointment letter stating that i need to pay 3 months salary if i don\'t join by the committed date which is 75 days from the date of signing this letter. The one who referred me to this company X had given me a good feedback. When I asked the HR on employee lay offs and bonds that i need to sign after joining the company, they said no lay offs and no bonds are required. To my utter surprise I heard few interesting things about the company from ex-employee before 15 days of joining. He said there were 6 employees laid off in the past 2 years and the employee needs to sign a bond of 2 years initial for the training he was
From India, Hyderabad
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From India, Hyderabad
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training he was provided. With hearing this I reconsidered the decision of joining Company X and had mail them indicating my inability to join their company 14 days prior to the date committed. Then the real torture started, they kept on calling me and also intimated me through sms that if i don't join their company their legal department will sue me according the appointment letter. Also, i heard they started harassing the employee who referred me and put pressure on him to make me join. Given this type of company i decide not to join the company and intimated the same through email 9 days prior to the committed date. Their HR now has sent me an email asking me to pay 3 months salary as per the liquified damages caused by me for not joining with the pdf containing "BY RPAD" within a week time from this mail. I am not in position to pay that much amount and also not willing to join the company after this much of treatment. Can you please guide me on how to proceed from here? Thanks
From India, Hyderabad
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From India, Hyderabad
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Hi, you dont have to worry a wee bit.
A bond is held legal and company is at advantage if they have something substantial to prove that they had heavy investment made in an employee and hence the bond is important.
You have not even started work... no training's imparted.. Nothing!
Please go ahead and join the company of your choice. Best Wishes and have a fruitful career.
From India, Mumbai
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21A bond is held legal and company is at advantage if they have something substantial to prove that they had heavy investment made in an employee and hence the bond is important.
You have not even started work... no training's imparted.. Nothing!
Please go ahead and join the company of your choice. Best Wishes and have a fruitful career.
From India, Mumbai
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Thanks Pankaj. But I am worried about the RPAD notice sent by the HR to pay the 3 months salary within a week. Do i need to respond to HR mail? I am having some sleepless nights.
From India, Hyderabad
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From India, Hyderabad
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You dont have to worry.
Check the contents of the Registered Post with Acknowledge Due (RPAD) notice. you could scan & mail that as well as the appt letter ?
if not possible, am sure you have enough seniors in family/relation who can affirm that you have nothing to bother..
From India, Mumbai
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Check the contents of the Registered Post with Acknowledge Due (RPAD) notice. you could scan & mail that as well as the appt letter ?
if not possible, am sure you have enough seniors in family/relation who can affirm that you have nothing to bother..
From India, Mumbai
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Don't worry. Just ignore their mail. If they call you, tell them that their clause is not legally tenable, since it is against the principles of natural justice.
Join the better company and have a great career ahead.
Cheers
From United+States, San+Francisco
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Join the better company and have a great career ahead.
Cheers
From United+States, San+Francisco
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Do not panic. It was an offer letter/appointment letter/bond. If this is the case you don’t require joining that company. They are only trying to build pressure on you. I believe them following illegal practice and cannot go to the court of law.
Hope this may help you.
From India, Bhubaneswar
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Hope this may help you.
From India, Bhubaneswar
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Dear Anonymous,
Just do not worry. You are at liberty to choose to work or not to work, just as much as companies have the right to select or reject you.
I suggest that you do not even receive the RPAD letter. This company X, by threatening to sue you with an RPAD, is just "baseless threatening," and let me assure you nothing will happen. What have they invested in you so far, except their time to interview you, and that is in any way a part of their work, for which they are employed and are paid for.
This is like you are walking in a bazaar, you stopped to look at something, you inquired the price after taking the particular product in your hand, and then the trader demanding money from you even before you've made a decision. And when you have some doubts you decline buying it and the trader, threatening you as if you've been caught robbing.
Just ignore and let it go off as a bad experience, and thank the Almighty that it didn't happen after your joining them. If you did and wanted to quit after realizing that there were some things wrong, it could have been a little more painful and worse.
Having said all this let me confess that in my career this is the first time I'm hearing of an incident that is atrocious and ridiculous. I am also amazed that such companies exist.
Hope and Pray that this is not a "D" company because in only those companies you can't go back after the first meeting. Once in "forever" in.
Best wishes, feel liberated, and enjoy in the place you are making your next move.
Warm regards,
TSK. Raman
Mob.: 08374111185
http://www.facebook.com/raman.bharadwaj.16
⭐️ beknown.com/raman-bharadwaj
⭐️ LinkedIn: http://www.linkedin.com/profile/view...83&trk=tab_pro
From India, Hyderabad
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Just do not worry. You are at liberty to choose to work or not to work, just as much as companies have the right to select or reject you.
I suggest that you do not even receive the RPAD letter. This company X, by threatening to sue you with an RPAD, is just "baseless threatening," and let me assure you nothing will happen. What have they invested in you so far, except their time to interview you, and that is in any way a part of their work, for which they are employed and are paid for.
This is like you are walking in a bazaar, you stopped to look at something, you inquired the price after taking the particular product in your hand, and then the trader demanding money from you even before you've made a decision. And when you have some doubts you decline buying it and the trader, threatening you as if you've been caught robbing.
Just ignore and let it go off as a bad experience, and thank the Almighty that it didn't happen after your joining them. If you did and wanted to quit after realizing that there were some things wrong, it could have been a little more painful and worse.
Having said all this let me confess that in my career this is the first time I'm hearing of an incident that is atrocious and ridiculous. I am also amazed that such companies exist.
Hope and Pray that this is not a "D" company because in only those companies you can't go back after the first meeting. Once in "forever" in.
Best wishes, feel liberated, and enjoy in the place you are making your next move.
Warm regards,
TSK. Raman
Mob.: 08374111185
http://www.facebook.com/raman.bharadwaj.16
⭐️ beknown.com/raman-bharadwaj
⭐️ LinkedIn: http://www.linkedin.com/profile/view...83&trk=tab_pro
From India, Hyderabad
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Hi all!
Just wanted to chime in on this and gather opinions/facts from others. What I understand is that an agreement (not a bond) to join at a specified date has been entered into with a provision of certain damages if the agreement is not adhered to. Whether the same was signed on short notice of only 5 minutes, etc., is, to my mind, not very relevant since both parties were at equal liberty to decline or ask for more time. What is the sanctity then of this agreement? Is it similar to a contract? If there is no sanctity, what if the reverse happens? The candidate resigns from his present job, is preparing to join the next one, and then receives just an email/registered letter withdrawing the offer. What recourse does he have then? Given the judicial system in India, no one wants to file and fight a protracted legal case. But what is the law? Would appreciate learning from others - please quote relevant Acts/Sections and cases if possible.
Best
From United States, New York
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Just wanted to chime in on this and gather opinions/facts from others. What I understand is that an agreement (not a bond) to join at a specified date has been entered into with a provision of certain damages if the agreement is not adhered to. Whether the same was signed on short notice of only 5 minutes, etc., is, to my mind, not very relevant since both parties were at equal liberty to decline or ask for more time. What is the sanctity then of this agreement? Is it similar to a contract? If there is no sanctity, what if the reverse happens? The candidate resigns from his present job, is preparing to join the next one, and then receives just an email/registered letter withdrawing the offer. What recourse does he have then? Given the judicial system in India, no one wants to file and fight a protracted legal case. But what is the law? Would appreciate learning from others - please quote relevant Acts/Sections and cases if possible.
Best
From United States, New York
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Hi Hardeep,
I agree with you. But think if the candidate had hidden a few pieces of information about his employment/education, like maybe using some fake certificates/experience or actually lied to a few of the questions asked by the Company at the time of the interview.
The Company came to know about this during their background verification or heard about him from someone, wouldn't the company go ahead and cancel the agreement?
If they had the right to do so, then why didn't the candidate have this option?
Also, let me tell you a few things here.
From the day I received the appointment letter, they had pressured me to hand over my passport without providing any details about the travel or the bond thereafter. Isn't this a form of withholding the truth?
The same company behaved similarly when I informed them that I would not be joining their company.
The candidate mentioned that he had to pay 5 lakhs to his current employer due to a bond with them. The HR Manager said, "I am speaking from experience, you do not need to pay anything to your company as 5 lakhs is a significant amount, and they will not take action against you. You have received your salary, just resign and join our company. We are willing to hire you without a relieving letter. In the future, you can use our company's background verification."
When I confirmed again that I would not be joining, the same HR person blackmailed me through an SMS, threatening legal action if I did not comply.
During an interview or in the days following, most candidates are unaware of the company they are interviewing with.
Regarding your discussion on agreements, there should be a provision for canceling the agreement from both parties before commencement, specifying the timeframe for cancellation. Otherwise, it could be seen as pressuring a party that is not interested.
Let me know if you need further assistance.
From India, Hyderabad
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I agree with you. But think if the candidate had hidden a few pieces of information about his employment/education, like maybe using some fake certificates/experience or actually lied to a few of the questions asked by the Company at the time of the interview.
The Company came to know about this during their background verification or heard about him from someone, wouldn't the company go ahead and cancel the agreement?
If they had the right to do so, then why didn't the candidate have this option?
Also, let me tell you a few things here.
From the day I received the appointment letter, they had pressured me to hand over my passport without providing any details about the travel or the bond thereafter. Isn't this a form of withholding the truth?
The same company behaved similarly when I informed them that I would not be joining their company.
The candidate mentioned that he had to pay 5 lakhs to his current employer due to a bond with them. The HR Manager said, "I am speaking from experience, you do not need to pay anything to your company as 5 lakhs is a significant amount, and they will not take action against you. You have received your salary, just resign and join our company. We are willing to hire you without a relieving letter. In the future, you can use our company's background verification."
When I confirmed again that I would not be joining, the same HR person blackmailed me through an SMS, threatening legal action if I did not comply.
During an interview or in the days following, most candidates are unaware of the company they are interviewing with.
Regarding your discussion on agreements, there should be a provision for canceling the agreement from both parties before commencement, specifying the timeframe for cancellation. Otherwise, it could be seen as pressuring a party that is not interested.
Let me know if you need further assistance.
From India, Hyderabad
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