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Discussion > Labour & Service Law > Employment > Service bond   Unanswered Threads Post New Topic

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There are 3 Replies to this message


Jeyamurugan


123
[ Scorecard : 26]
PRO CHAT CALL
Posted On 10 March 2012 at 20:09 Report Abuse

Hi, I'm working for a IT company when i joined the organization as a fresher. i was aked to sign in a copy of offer letter that had the following information 

We are delighted to invite you to join our Advanced Learning Program. You would be required to sign a seperate Agreement to Learn and Perform(ALP) as in order to enhance your role it is essential for you to undergo training programs for handling the high technology equipment and methodologies required for providing services. the organization has estimated an investment for Rs.200000(2 Lakh) for your growth and to make you a trained associate to deliver high performance. technology based, business applications on Time and on Cost. In agreement with above terms, the organisation expects you to serve xxx for a minimum period of 36 months from the date of joining the company. If you decide to leave the organization before expiry of this period, the same amount of 2 lakh would need to be reimbursed to the company at the time of your exit.

can this be considered as a bond? I want to quit the job now (completed 2 years) they are asking me 2 lakhs. I need my exp letter and releaving letter



Jeyamurugan


123
[ Scorecard : 26]
PRO CHAT CALL
Posted On 10 March 2012 at 20:11

Is this a one sided bond or a two sided bond. What exactly is the difference between the two..?


Kirti Kar Tripathi


lawyer
[ Scorecard : 12151]
PRO CHAT CALL
Posted On 10 March 2012 at 23:10

yes, it is bond and you are lable to comply the condition.


Kumar Doab


FIN
[ Scorecard : 10018]
PRO CHAT CALL
Posted On 11 March 2012 at 15:50

As per your post it is one sided agreement.

You have posted:

-" as in order to enhance your role"

"the organization has estimated an investment for Rs.200000(2 Lakh) for your growth and to make you a trained associate to deliver high performance. technology based, business applications on Time and on Cost."

"If you decide to leave the organization before expiry of this period, the same amount of 2 lakh would need to be reimbursed to the company at the time of your exit."

You and your lawyer can demand relevant details like the precise cost of the programme incurred per person and hence on you, the programme is certified or not etc.

The equipment purchased by the company are high technology and technology involved is high and employee is expected to deliver the tasks on time.

Do you have record of revenue generated by you for the company, Tgt Vs performance data, copy of appraisals, appreciation emails/letters etc from clients, line management, company etc.

"for handling the high technology equipment and methodologies required for providing services."

The machine is provided by the company and employee is duty bound to run it.

There is no mention of proportionate amounts to be paid by employee.

 

You alone would be able to confirm the programme of the company indeed added to your growth or not?

-A competent ands experienced lawyer can help you to look into the merits after studying all clauses of appointment letter and other records, and inputs given by you.

In all probabilities company shall sit on release of relieving letter.

You can try by approaching good offices of appointing authority, MD/CEO, Head-HR and settle the matter amicably. However record the minutes. They may agree for proportionate amount. However obtain the agreement in writing and get it included that amounts shall be expressed in FNF statement and form 16 shall be expressed as per FNF statement and acceptance of resignation, work experience/service certificate, relieving letter ( good comments and not without comments) NOC/NDC, last salary slip shall be issued and supplied to you on the spot. Consult a lawyer on the contents of the letter.

If the company is adamant and you do not want to pay, the option is to contest the matter.

Kindly consult the elders in the family, competent and experienced well wishers, trained legal mind before signing on doted line.

 

 





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