hi,,
i joined xyz company last june and according to the appointment letter it says that training will be for 1 year and if the employee leaves the company within a year , he should repy all the payments given to him + 5000.... i worked for 8 months and i quit the company b'cause the company was really bad and i started getting health problems because of the heat generated in the industry.
I sent my resignation thro email n i got a letter saying to pay the 8 months salary. i ignored the letter.
Now after 10 months, they have again sent a letter saying to pay the amount or else legal action wud be taken.. it comes to around 80,000
Plz help. i have not signed in any bond paper or revenue stamp. does the points in appointment letter alone stand good to put a case against me.
Plz help me out.. as the amount asked is too huge.... can i fight it out.??
From India, Madras
i joined xyz company last june and according to the appointment letter it says that training will be for 1 year and if the employee leaves the company within a year , he should repy all the payments given to him + 5000.... i worked for 8 months and i quit the company b'cause the company was really bad and i started getting health problems because of the heat generated in the industry.
I sent my resignation thro email n i got a letter saying to pay the 8 months salary. i ignored the letter.
Now after 10 months, they have again sent a letter saying to pay the amount or else legal action wud be taken.. it comes to around 80,000
Plz help. i have not signed in any bond paper or revenue stamp. does the points in appointment letter alone stand good to put a case against me.
Plz help me out.. as the amount asked is too huge.... can i fight it out.??
From India, Madras
Thanks prakash. so does the point stated in the appointment letter become void,if the company goes to court..??
i also heard tht unless i have signed in any bond paper or revenue stamp, there is no danger.. is it true??
signing in the appointment letter with the points added regarding bonds is of less value ( ie it cannot withstand in court)
plz help
From India, Madras
i also heard tht unless i have signed in any bond paper or revenue stamp, there is no danger.. is it true??
signing in the appointment letter with the points added regarding bonds is of less value ( ie it cannot withstand in court)
plz help
From India, Madras
Dear Rohit!! You are into a bit of prblem. Even if there is no bond or agreement made on stamp paper there could stll be a valid agreement. Once you accepted the offer of appointment you are bound by its terms. :roll: But you need not worry. As the contract conditions cannot be lop sided, opposed to public policy and equity,all your escape routes are not closed :arrow: . No normal person would uphold such a condition.
So even if the party goes to the court to enforce its claim, a good advocate can help you get out of such fanciful claims. 8) Regards KK Nair
2So even if the party goes to the court to enforce its claim, a good advocate can help you get out of such fanciful claims. 8) Regards KK Nair
HELLO,
FOR GOD SAKE STOP REPEATING THE SAME TOPIC, THE MEMBERS OF THE FORUM HAVE ANSWERED THE SAME QUESTION A TRILLION TIMES, PLEASE REFRAIN SELF FROM PUTTING UP YOUR QUERIES WITH OUT APPROPRIATE RESEARCH OF THE CONTENTS ON THE FORUM,
KINDLY FOLLOW THE LINK BELOW MENTIONED AND YOU WILL GET THE ANSWERS YOU SEEK,
<link no longer exists - removed>
<link no longer exists - removed>
THANK YOU
OCTAVIOUS
ALSO YOU REPLY IN FOLLOWING FORMAT WITH APPROPRIATE ADJUSTMENTS IN THE LETTER TO THE PEOPLE WHO HAVE SEND YOU THE LETTER, IF PROBLEM PERSISTS DO LET ME KNOW,
The declaration-cum-undertaking (bond) on a stamp paper is a practice followed by many small companies to retain their employees at a less salary that what the market offers. As you said rightly these bonds are totally one sided. They also mention that they provide specialized training to camouflage their intention.
Since they have sent a letter to you on the following lines:
1. You deny everything what is written in their letter.
2. They have not given any training whether specific to the job or general since your have worked only two weeks. Hence the cost of training does not arise at all.
3. The normal practice in the industry is to give 24 hours notice during the probation before leaving the job. Hence you are not liable to pay too.
4. Demand for the salary for the period you have worked.
5. The letter sent by you is coercive in nature and putting you in ransom which is illegal and you can think of taking civil as well as criminal action.
6. Bondage in any form is illegal which is not enforcible in law in India.
7. It violate Article 19 of the Constitution - Right to Work
8. It violates human dignity and nullify the growth and aspirations of youngsters.
9. Change of employment is rampant in a free economy and one company cannot set their own terms and conditions which is against the economical growth of the younger generation as well as the country in general.
10. You wait for a period of one week and if they don't take any action please ignore the letter and join the new company.
11. Please keep the new company about the developments.
12. If they send another letter please reply on the above lines or as follows:
Quote:
I deny all your the allegations mentioned in your letter dt.___. Please send salary for the period worked to me after deducting one days salary as notice pay during probation period.
You have not provided any training whether specific or general since I have worked only two weeks with your company. Even otherwise the training which you promised to give is specific to the job which I was supposed to perform for which I have no value outside nor it enhances my knowledge. Every company whether small or big impart training tailor made to suit their requirement to get better performance from their employees for which no compensation or damage can be demanded which the employee has scrap value outside the company. The employees after the specific training can do better job and have no personal benefit to the employee. Rather the benefit is for the employer who gets a increased efficiency from a low paid employee.
Bondage in any way is illegal in our country and is violative of Article 19 of the Constitution of India - Right to Work. This is also an action against human basic dignity and amounts to gross injustice to human being who is not in a position to compete equally.
I hereby demand my entitlement of 15 days salary which is due to me. You are also liable to pay damages of Rs.50,000/- for loss of opportunities and the mental agony suffered by me due to your action which is inhuman, illegal and blatantly arrogant and arbitrary. This is without prejudice to my rights to take any civil or criminal action against you at your cost as may be advised by my lawyer.
Please take notice that I don't get a reply acceding to my request I shall be forced to take legal action, civil and criminal as per law, at your cost and consequences. I shall also be forced to take up this kind of behavior to Human Rights Commission to end this kind of threat and coercion which amounts to demanding ransom .
Unquote:
You have backtracked your promise of training me by not providing any trainer, on the job or otherwise. This is breach of trust and cheating
You may send this above letter to the employer and not to the lawyer.
PLEASE SEND THIS MAIL VIA REGISTERED POST AND ALSO ON YOUR COMPANY'S EMAIL ID SIMULTANEOUSLY
From India, Mumbai
FOR GOD SAKE STOP REPEATING THE SAME TOPIC, THE MEMBERS OF THE FORUM HAVE ANSWERED THE SAME QUESTION A TRILLION TIMES, PLEASE REFRAIN SELF FROM PUTTING UP YOUR QUERIES WITH OUT APPROPRIATE RESEARCH OF THE CONTENTS ON THE FORUM,
KINDLY FOLLOW THE LINK BELOW MENTIONED AND YOU WILL GET THE ANSWERS YOU SEEK,
<link no longer exists - removed>
<link no longer exists - removed>
THANK YOU
OCTAVIOUS
ALSO YOU REPLY IN FOLLOWING FORMAT WITH APPROPRIATE ADJUSTMENTS IN THE LETTER TO THE PEOPLE WHO HAVE SEND YOU THE LETTER, IF PROBLEM PERSISTS DO LET ME KNOW,
The declaration-cum-undertaking (bond) on a stamp paper is a practice followed by many small companies to retain their employees at a less salary that what the market offers. As you said rightly these bonds are totally one sided. They also mention that they provide specialized training to camouflage their intention.
Since they have sent a letter to you on the following lines:
1. You deny everything what is written in their letter.
2. They have not given any training whether specific to the job or general since your have worked only two weeks. Hence the cost of training does not arise at all.
3. The normal practice in the industry is to give 24 hours notice during the probation before leaving the job. Hence you are not liable to pay too.
4. Demand for the salary for the period you have worked.
5. The letter sent by you is coercive in nature and putting you in ransom which is illegal and you can think of taking civil as well as criminal action.
6. Bondage in any form is illegal which is not enforcible in law in India.
7. It violate Article 19 of the Constitution - Right to Work
8. It violates human dignity and nullify the growth and aspirations of youngsters.
9. Change of employment is rampant in a free economy and one company cannot set their own terms and conditions which is against the economical growth of the younger generation as well as the country in general.
10. You wait for a period of one week and if they don't take any action please ignore the letter and join the new company.
11. Please keep the new company about the developments.
12. If they send another letter please reply on the above lines or as follows:
Quote:
I deny all your the allegations mentioned in your letter dt.___. Please send salary for the period worked to me after deducting one days salary as notice pay during probation period.
You have not provided any training whether specific or general since I have worked only two weeks with your company. Even otherwise the training which you promised to give is specific to the job which I was supposed to perform for which I have no value outside nor it enhances my knowledge. Every company whether small or big impart training tailor made to suit their requirement to get better performance from their employees for which no compensation or damage can be demanded which the employee has scrap value outside the company. The employees after the specific training can do better job and have no personal benefit to the employee. Rather the benefit is for the employer who gets a increased efficiency from a low paid employee.
Bondage in any way is illegal in our country and is violative of Article 19 of the Constitution of India - Right to Work. This is also an action against human basic dignity and amounts to gross injustice to human being who is not in a position to compete equally.
I hereby demand my entitlement of 15 days salary which is due to me. You are also liable to pay damages of Rs.50,000/- for loss of opportunities and the mental agony suffered by me due to your action which is inhuman, illegal and blatantly arrogant and arbitrary. This is without prejudice to my rights to take any civil or criminal action against you at your cost as may be advised by my lawyer.
Please take notice that I don't get a reply acceding to my request I shall be forced to take legal action, civil and criminal as per law, at your cost and consequences. I shall also be forced to take up this kind of behavior to Human Rights Commission to end this kind of threat and coercion which amounts to demanding ransom .
Unquote:
You have backtracked your promise of training me by not providing any trainer, on the job or otherwise. This is breach of trust and cheating
You may send this above letter to the employer and not to the lawyer.
PLEASE SEND THIS MAIL VIA REGISTERED POST AND ALSO ON YOUR COMPANY'S EMAIL ID SIMULTANEOUSLY
From India, Mumbai
Dear Sender
Please do not initiate any action from your end
Let the organisation file suit against you ( most probably they may not)
If at all they file legal case against you then you may approach labour dept for assistance.
With regards
LKumar
From India, Madras
Please do not initiate any action from your end
Let the organisation file suit against you ( most probably they may not)
If at all they file legal case against you then you may approach labour dept for assistance.
With regards
LKumar
From India, Madras
Dear Octavious,
Really a good explanation you have given. I am a Manager-HR in ePublishing BPO, Chennai and has over the period of two years edited and redrafted this employee service agreement. I advice the employees to read the agreement before signing and if found hampering to your career, please refrain.
Very often I stood against the CEO in certain clauses and would cite him the Supremecourt references too. Hence I have rejected some of the clauses which I was compelled to add but modified in a lighter vein to make its effect nil or weak.
Generally the employer's mentality has become very bad and crooked and imagine how they would have been when they were as employees.
Employer cannot infringe into the future career opportunities of his ex-employee. Employer cannot restrict his employee or consultant to restrict his future opportunities in the same field.
Good employees of today will only become good employers of tomorrow.
Regards,
Chandru
From India, Madras
Really a good explanation you have given. I am a Manager-HR in ePublishing BPO, Chennai and has over the period of two years edited and redrafted this employee service agreement. I advice the employees to read the agreement before signing and if found hampering to your career, please refrain.
Very often I stood against the CEO in certain clauses and would cite him the Supremecourt references too. Hence I have rejected some of the clauses which I was compelled to add but modified in a lighter vein to make its effect nil or weak.
Generally the employer's mentality has become very bad and crooked and imagine how they would have been when they were as employees.
Employer cannot infringe into the future career opportunities of his ex-employee. Employer cannot restrict his employee or consultant to restrict his future opportunities in the same field.
Good employees of today will only become good employers of tomorrow.
Regards,
Chandru
From India, Madras
Sorry Ocatvious... though i have read many FAQ's regarding bonds.. i still dont have a clear pictur on my mind.. I have doubt whether they might interfer in my present company work ( but i am sure tht my earlier company people doesnt know where i am working now)
NOTE: I had resigned frm my earlier company due to my health problems only...
Kindly bear with me, as i am really frightened seeing the letter and it has caused me mental tensions....
Plz help
From India, Madras
NOTE: I had resigned frm my earlier company due to my health problems only...
Kindly bear with me, as i am really frightened seeing the letter and it has caused me mental tensions....
Plz help
From India, Madras
HELLO,
I AM SORRY, FOR BEING SO ASSERTIVE WITH MY STATEMENTS.
DONT WORRY I HAVE GIVEN YOU COMPLETE DETAILS REGARDING THE BOND, PLEASE BE REST ASSURED AND CONTINUE WITH YOUR CURRENT JOB, BUT PLEASE DO REPLY TO THEIR MAIL, OTHERWISE IT WOULD BE TREATED AS A ACCEPTANCE,
DO CONTACT ME IF YOU NEED ANY ASSISTANCE
THANK YOU
OCTAVIOUS
From India, Mumbai
I AM SORRY, FOR BEING SO ASSERTIVE WITH MY STATEMENTS.
DONT WORRY I HAVE GIVEN YOU COMPLETE DETAILS REGARDING THE BOND, PLEASE BE REST ASSURED AND CONTINUE WITH YOUR CURRENT JOB, BUT PLEASE DO REPLY TO THEIR MAIL, OTHERWISE IT WOULD BE TREATED AS A ACCEPTANCE,
DO CONTACT ME IF YOU NEED ANY ASSISTANCE
THANK YOU
OCTAVIOUS
From India, Mumbai
:confused:dear admin
I am employed in a software organisation in marketing dept,
i have signed a employee agreement for 12 months with surety as my father for 50000Rs on a 100 re stamp paper.
i have an offer letter that states notice period is 3 months or 3 months salary 60000 Rs.
probation period is 6 months.
I have been in the company from past 5 months. i want to quit co as the co is not good , no growth , no promotion and the managers are pretty bad.
Co is not providing PF and 8 holidays per year,
What happens
if i quit the co even without the serving the notice period ?
co is asking me 119000 rs as compensation???
will they take any legal action for the same??
Kindly help as my career is at stake ,
I kNOW THIS TOPIC IS POSTED SEVERAL TIMES BUT I AM BIT SCARED OF THIS TOPIC=--
PLS HELP ?
REGARDS'
Tushar
From India, Bangalore
I am employed in a software organisation in marketing dept,
i have signed a employee agreement for 12 months with surety as my father for 50000Rs on a 100 re stamp paper.
i have an offer letter that states notice period is 3 months or 3 months salary 60000 Rs.
probation period is 6 months.
I have been in the company from past 5 months. i want to quit co as the co is not good , no growth , no promotion and the managers are pretty bad.
Co is not providing PF and 8 holidays per year,
What happens
if i quit the co even without the serving the notice period ?
co is asking me 119000 rs as compensation???
will they take any legal action for the same??
Kindly help as my career is at stake ,
I kNOW THIS TOPIC IS POSTED SEVERAL TIMES BUT I AM BIT SCARED OF THIS TOPIC=--
PLS HELP ?
REGARDS'
Tushar
From India, Bangalore
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