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suresh menon (public sector)     31 August 2011

Sub: fd as security deposit, lien on my fd favoring my empl

 

 
Hi All,
 
I am currently working in an mnc software company, I joined this company on 2nd Nov 2009 and i signed the attached service agreement on the same day with my employer
 
Now i have got an another offer now and hence i have put my resignation. The notice period here is 3 months.
 
They are not allowing me to buy out my notice period even though i am not into any project now 
 
They are also not ready to negotiate on my bond breakage amount and they want to encash my FD of 75,000.
 
The lien of this FD is marked in favour of them. and it is mention in this agreement in section 5 , that 2years 
 
will be from date of training certification which they gave me on 2nd Feb 2010 
 
although i dont want to lose this money for 2 to 3 months. and also i cant let go of the offer as it is very good for my carrer
 
Please some one give me inputs on wheather
 
1) the attached agreement is valid or one sided
 
2) wheather i can take any legal hold on my employer acquiring my FD, so that they come for negotiation
 
Thanks in advance,


Learning

 6 Replies

Kumar Doab (FIN)     31 August 2011

You may approach a competent local service lawyer with all records. It shall be appropriate to submit structured communications only.

Henceforth kindly consult the elders in the family, competent and experienced well wishers before signing on the dotted line. Company shall be asking for interest also @ 18%/pa, notice pay and may build case to charge you and claim for losses; deny you your dues.......

Other way is that you may agree to company's demands. Kindly calculate what did you earn from such employment? If you pay to company probably you shall end up serving the company and paying the salary to company from your pocket.

There are many such posts from IT sector and pertaining to Patni.

Be careful and educate others also.

1 Like

suresh menon (public sector)     31 August 2011

Hi as per the section 5 in this agreement the 2 years will be from certification date, Is such kind of variable date and periods valid in an agreement.

and also the certification which is mentioned is internal to company and they have hold on it

Kumar Doab (FIN)     01 September 2011

The agreement so heavily weighed towards employer that it is aimed to enslave the employee.

You have signed the declaration to create the lien in favour of the bank, however the company has asked you to sign it as per the language and draft provided by them and chose the bank ordered by them.

If you wish to contest the lien it shall be appropriate to obtain bank manual ,bank rules,processes,practices,circulars etc and RBI rules,which you can obtain by RTI and from websites, and from your resources in any branch of the bank.

You can contest the specific period cited by you.

It shall be appropriate to approach a competent local service lawyer/law firm, and submit structured communications only and take each step under expert guidance of the lawyer and duly discussed with elders in the family, competent and experienced well wishers.They can poke holes in the defence of the company and obtain remedy for you.

It is good to note that you are inclined to protect the limited rights which an ordinary citizen and employee has.

Let it be a learning.Build a group of vigilant and like minded indivisuals and form a union.

Be smart.

1 Like

suresh menon (public sector)     01 September 2011

Thank u kumar sir for the above post.

As suggested by u i have sent a mail to the bank to mail me a copy of any supporting documents on they marking the lien on my FD to my employer. as i dont think they have any supporting documents which was given by me and as far i can remember i just signed the above agreement only.

I have also mentioned, in case if they fail to do so to cancle the lien which is put on the FD.  I am awaiting their reply. will post the update once i get the reply

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     02 September 2011

Dear Suresh,

As per the landmark judgments of the Hon'ble High Court of Delhi employee cannot be bonded by any bond as well as hit by articel 14,15,19 and 21 of constitution of india where right to profession and services are envisaged. so you can break the bond. for the rest of the query consult a lawyer with complete documents, who is doing service and labour law.

 

Regards

Rajiv Bhasin

Advocate

9811210505, 9868635640

Kumar Doab (FIN)     05 September 2011

Banks usually do not share the docs related to lien. You can wait for the reply to your email for say 7 days.

You may use your resources and obtain the docs from concerned branch of the bank or raise RTI or submit a written representation to the Chairman of the bank.

You can try and get the lien vacated.

It shall be appropriate to communicate under the expert guidance of a competent service lawyer.

Company shall not supply F&F easily, in the manner as desired by you.


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