Service Agreement
Sarita Kamal
(Querist) 26 May 2011
This query is : Resolved
i joined an MNC in the month of Aug 2010.
I had to sign a service agreement which said if i leave the company within one year I will have to pay an amount of 20000/- to the company. When the agreement was signed the HR refused to give me a copy of the service agreement.
After 8 months, I resigned in mid May 2011 after serving a notice period of 1.5 months (out of 2 months).
In my Full and final settlement the amount deducted for breaking the Service agreement was shown as50000/-.
I found this absolutely shocking and requested the Service agreement for legal verification, and yet again the company refuse to give me the copy but the HR did give me the document for reading purpose.
There were certain things that i realised:
1) my signature was there only on the last page of the document while the rest of the pages that mentioned the service agreement clauses did not bear my signature.
2)till the end the HR refused to give me the copy of the doc.
Am I not suppose to get a copy of the document.
Can the initial pages of the document be tampered.
What should I do to acquire the copy of the service agreement.
Devajyoti Barman
(Expert) 27 May 2011
Yes the initials may indeed be replaced with new pages which suit the company most.
If your allegations are true then the company is indulging a kind of great fraud. You should not shy away from exposing this fraud.
Go to the nearest Police Station and lodge a complaint. If the Police fails or refuses to act then move the Magistrate which may direct the Police to cause necessary investigation.
Guest
(Expert) 27 May 2011
Dear Sarita,
Here comes the importance of putting signature on every page of any agreement, so that any tampering may be avoided by any of the parties in future.
Sure you would have been cheated. You even had the right to take a copy of the agreement at the initial stage of signing. It is not the property of one party only. Both the parties must keep copy of the agreement. Anyway, please keep note for the future guidance, so that you may not get cheated by any of the employers in future also. If some one does not provide you copy, just get photocopy of the same before delivery of the same to the employer.
You may act upon the advice of Mr. Devajyoti for future course of action against the company.
Legal Eagle
(Expert) 27 May 2011
Dear Sarita,
At the time of signing the agreement did you read the letter? Do you remember the terms? Why did you not keep a copy of your signed agreement?
On what basis would you say that the Company has played a fraud?
I agree with the senior Experts opinions, but the onus is on you to prove that the officers have played a fraud with you.
Guest
(Expert) 27 May 2011
Dear Kashmira,
It is not the time to question, why to Ms. Sarita. At this time she needs an advice for remedial measures. It is only the case of Ms. Sarita, almost all employees, unaware of the tricks of the ewmployers, don't think about keeping a copy for themselves, as at that time nobody advises them abotu that aspect.
