Reg: service agreement
R.Ramesh
(Querist) 26 May 2016
This query is : Resolved
Dear sir, one of my friend joined in Private Hospitals in Hyderabad and employer asked him to sign on Rs.100 stamp paper (Bond Paper )as a service agreement for 1year and by submitting the original certificate and now he has completed just 6 months and he is dissatisfied with his job and he wants to leave this job.So, the employer having any rights to get damages from employee and in that agreement it has mentioned that if employee leaves the organization with in the period of one year he has to pay the training amount as a damages to the employer but in fact the employee is well experienced with previous experience before joining this company and in this existing organization even they did not provided any training to him and he did not attended the training.So, sir the employees has to pay any damages amount to employer when he breaks the service agreement please advice us.
Thanking you sir,
Ramesh
Kumar Doab
(Expert) 26 May 2016
You have posted that;
"employer asked him to sign on Rs.100 stamp paper (Bond Paper )as a service agreement for 1year and by submitting the original certificate ....................in that agreement it has mentioned that if employee leaves the organization with in the period of one year he has to pay the training amount as a damages to the employer ......................even they did not provided any training to him and he did not attended the training"
The ground for service agreement i.e training has not met with by employer, so demand of liquidated damages should be unconscionable.
Employer has no lien on Educational Certificates of Employee.
Rajendra K Goyal
(Expert) 26 May 2016
Employer / employee is entitled to claim as per terms of agreement / bond if terms not followed by other party.
P. Venu
(Expert) 27 May 2016
The employer has no lien over the original certificate of the employee; so also, he is not entitled to claim any damages if the employee leaves the employment.
