Hi!
I joined an company with employee strength of about 1500 one & half month back as Departmental Head. After about 15 days, appointment letter was issued to me and when I read it, I objected on one of its clause which is reproduced below and HR manager told me to sign it as it is a standard clause of company's appointment letter. As per appointment letter, I was on a probation period of six months. Now the clause is as under :
" Further, in case, you leave the organization suddenly without giving proper notice and completing your allocated work and company suffer any losses due to your negligence, the company has the right to impose penalties, hold salaries and take legal action against you too. The company can also claim liquidated damages up to Rs. 50000/- only.
Further in case you leave the organization any time/or management terminate your services during the tenure, the company has the right to deduct the amount equal to your two month's salary."
Now. my question is :
+ Is this clause is legal? How can a company bound its employee?
+ Can I raise objection on this clause?
+ I've just completed 45 days, Can I leave the company by tendering my resignation and how much would be notice period?
+ Can company use above clause against me if I resign from my present position.
You suggestions/comments on the above is highly appreciated.
Regards
Vijay K.
From India, New Delhi
1I joined an company with employee strength of about 1500 one & half month back as Departmental Head. After about 15 days, appointment letter was issued to me and when I read it, I objected on one of its clause which is reproduced below and HR manager told me to sign it as it is a standard clause of company's appointment letter. As per appointment letter, I was on a probation period of six months. Now the clause is as under :
" Further, in case, you leave the organization suddenly without giving proper notice and completing your allocated work and company suffer any losses due to your negligence, the company has the right to impose penalties, hold salaries and take legal action against you too. The company can also claim liquidated damages up to Rs. 50000/- only.
Further in case you leave the organization any time/or management terminate your services during the tenure, the company has the right to deduct the amount equal to your two month's salary."
Now. my question is :
+ Is this clause is legal? How can a company bound its employee?
+ Can I raise objection on this clause?
+ I've just completed 45 days, Can I leave the company by tendering my resignation and how much would be notice period?
+ Can company use above clause against me if I resign from my present position.
You suggestions/comments on the above is highly appreciated.
Regards
Vijay K.
From India, New Delhi
Dear Seniors,
I joined an organisation 6 months back, but still didn't receive my appointment letter. whenever asked about it they just said some excuse about it saying they will give in sometime, but till now no. They have also retained my original certificates of BE & MBA, when asked to return they said it is mentioned in the offer letter that it should be submitted to us. But it was only mentioned to produce the at the time of joining, so at the time of joining i had given a photo, set of xerox & 2 originals. now they are not returning, nor given any appointment letter.
I just had a chance to see my colleagues appointment letter, in that it was mentioned to submit the original to the company and will be returned when we leave the company. But i think it is unethical to inform us at the later stage, they should have informed us at an earlier stage itself, during interview or at least mentioned in offer letter, so that we would have thought before leaving previous job.
Also, in that appointment letter it was mentioned as, candidate should not leave the company within 1 year of joining, but no counter clause for it.
Kindly help me how to resolve this issue, & how to come out of it. I don't want my certificate to be held up like this.
Regards,
Revathi.
From India, Pune
I joined an organisation 6 months back, but still didn't receive my appointment letter. whenever asked about it they just said some excuse about it saying they will give in sometime, but till now no. They have also retained my original certificates of BE & MBA, when asked to return they said it is mentioned in the offer letter that it should be submitted to us. But it was only mentioned to produce the at the time of joining, so at the time of joining i had given a photo, set of xerox & 2 originals. now they are not returning, nor given any appointment letter.
I just had a chance to see my colleagues appointment letter, in that it was mentioned to submit the original to the company and will be returned when we leave the company. But i think it is unethical to inform us at the later stage, they should have informed us at an earlier stage itself, during interview or at least mentioned in offer letter, so that we would have thought before leaving previous job.
Also, in that appointment letter it was mentioned as, candidate should not leave the company within 1 year of joining, but no counter clause for it.
Kindly help me how to resolve this issue, & how to come out of it. I don't want my certificate to be held up like this.
Regards,
Revathi.
From India, Pune
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