I am working as an IT Professional in an organization from the 1st of April 2013 to the present date.
At the time of joining, I signed a 2-year agreement with the organization worth 1 Lakh INR, which is ending on the 31st of March 2015.
For the past 6 months at this organization, I have had no project and have been sitting idle, which I presume will spoil my career. Additionally, the company has provided me with training worth 25,000 INR. I have resigned from my current position, but they are asking for the complete amount of 1,25,000 INR for the remaining four months only.
I have no issues with paying them 25,000 + the remaining four months on a prorated basis, but they are not agreeing to that.
I don't want to stay here for the sake of my career. Could anyone please suggest to me what I can do here legally?
Any leads would be appreciated on this, as I don't want to pay 1 Lakh just for the remaining 4 months.
Thanks
From India, Bangalore
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At the time of joining, I signed a 2-year agreement with the organization worth 1 Lakh INR, which is ending on the 31st of March 2015.
For the past 6 months at this organization, I have had no project and have been sitting idle, which I presume will spoil my career. Additionally, the company has provided me with training worth 25,000 INR. I have resigned from my current position, but they are asking for the complete amount of 1,25,000 INR for the remaining four months only.
I have no issues with paying them 25,000 + the remaining four months on a prorated basis, but they are not agreeing to that.
I don't want to stay here for the sake of my career. Could anyone please suggest to me what I can do here legally?
Any leads would be appreciated on this, as I don't want to pay 1 Lakh just for the remaining 4 months.
Thanks
From India, Bangalore
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It is advisable that you think of drawing an A/C payee cheque or demand draft in favor of your employer for the amount being worked out for the remaining period of the contract on a pro-rata basis and send it by RPAD with a suitable covering letter to your employer. I appreciate your genuineness in complying with the terms of the contract. I believe the pro-rata payment for your liability is legally valid. Try to convince your HR by gradually asserting authority to show your displeasure against unnecessarily dragging on the issue. If it is not materialized, you can approach a legal expert in handling civil matters, with due caution to your employer. Approach this issue on the basis of "Teach a Lesson or Learn a Lesson."
Thanks and regards, V Sridhar
From India, Mumbai
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25Thanks and regards, V Sridhar
From India, Mumbai
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Hi Sridharan Sir,
I agree with you on the above said protocol; however, I tried convincing my employer, but they are not even willing to listen to me. If I send them a legal notice, they will hold my relieving letter. I am joining another organization next month, and without the experience and relieving letter, they won't let me join. In this case, I don't want to play with my career; however, according to the law, I should not pay them the full amount. Even the Supreme Court has a law for the same, which is in favor of the employee. Please suggest further steps. Is it possible that I can send them a legal notice once I pay them the full amount and receive the relieving letter, like after a month or so?
Awaiting to hear from you. Thanks :)
From India, Bangalore
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I agree with you on the above said protocol; however, I tried convincing my employer, but they are not even willing to listen to me. If I send them a legal notice, they will hold my relieving letter. I am joining another organization next month, and without the experience and relieving letter, they won't let me join. In this case, I don't want to play with my career; however, according to the law, I should not pay them the full amount. Even the Supreme Court has a law for the same, which is in favor of the employee. Please suggest further steps. Is it possible that I can send them a legal notice once I pay them the full amount and receive the relieving letter, like after a month or so?
Awaiting to hear from you. Thanks :)
From India, Bangalore
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