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Piyush Arora (VP Business Development)     22 January 2015

Mental harassment at work

Hello,

I signed a two years services level agreement with a pvt. ltd. company that had a clause of 30% penalty on the annual CTC if I were to leave before the stipulated time frame. This penalty clause was set against the training and development that the company claimed to invest in which never occurred. No training document was ever signed and no costs were incurred during my tenure.

Now, when I was already serving a notice period of 90 days (which was due the same day SLA expires) the organization started playing dirty retention tricks by now telling me that they'll demote my title on the relieving letter. I refused to accept this appalling term and told them I was going to leave (this was 20 days in the notice period).

Their legal-HR counsel is now threatening me to file against me in court for not serving 90 days notice period and leaving before the bond.

 

Please advise how to best handle this.

Thank you!

 

Best regards,

Piyush

  



Learning

 1 Replies

Kumar Doab (FIN)     23 January 2015

If it is stated in Service Agreement/Bond that it is created in lieu of Training/Expenses to be incurred on Training ( was it mentioned in the document titled as service agreement/Bond).......but that expense was never incurred and training never occurred then your Labor Law Consultant/Service matters lawyer after examining all docs on record, may opine that the Bond/Agreement is VOID........

 

Do you have evidence of dirty tactics and threat that your designation shall be demoted on Relieving letter..........if you leave the company? If NO generate it (audio/visual/witnesses/...........followed by minutes  for use at appropriate time in appropriate forum..........

Drive your discussions to generate the evidence and state that you are being harassed..............

You can agree to serve notice period................or affirm to tender notice pay in lieu of notice period....

You can escalate to good offices of appointing authority, MD,Chairman,Board...........................and onus to prove may fall upon you hence generate evidence............

 

It is a civil matter and you can contest it on merits...........

 


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