Employment agreement.
Anand Mahajan
(Querist) 04 December 2013
This query is : Resolved
Dear Experts,
I am an employee with an organisation. I have joined this organisation on 14th Oct. 2014. While joining this organisation I signed employment agreement which has a clause that If employee wants to resigned within 6 month from his date of joining then he need to pay one months salary to the company. I want to resign this company. I am requesting you all to please guide me. If I resigned, then is there any law which can save me from this clause.
As I am aware that any one can terminate the agreement by giving reasonable notice. But in my condition along with this notice I have to pay to the company. Please help me to save this loss. I want to resign.
ajay sethi
(Expert) 04 December 2013
no. you are bound by terms of agreement signed by you . serve one month notice period
R.K Nanda
(Expert) 04 December 2013
nothing more to add.
V R SHROFF
(Expert) 04 December 2013
SHORTEST & BEST REPLY
" nothing more to add."
I TOO FEEL, WHY NOT REPLY THE SHORTEST ONE..
OR ADM MUST ANALYSE, WHO REPLIED THE SHORTEST ONE, THE EMPTY GRAIN...
[1] "give full detail" in beginning of Query
[2] "nothing more to add." in the middle and
[3] agree with experts" at the end of Query replies.
not to use brain, to solve Querist's problem, but ONLY TO GAIN A POINT...
+not opposed, AS NOT COMMENTED...
you get 100% points , as you replied it.. EMPTY OR FULL.
WHAT ADM HAVE TO COMMENT ON IT?????
pL ANALYSE ALL TOP 10 EXPERTS TOTAL PERCENTAGE OF SUCH REPLY AND DO THE NEEDFUL IN THE INTEREST OF JUSTICE....
"""TAKE SER KHAJA TAKE SER BHAJI ""
""ANDHERI NAGRI & GANDU RAJA???""
IS IT ADM OF LCI ??????
QUALITY OF REPLY SHOULD NOT BE CONSIDERED???
LET ME KNOW THE OPINION OF ALL TOP 10 EXPERTS
oR Somebody expertises to fool ADM , as well as Experts , as well as Querist,
and ALL BLINDLY ALLOWING SUCH empties???
yer
i mean the replies of MR R . K. NANDA.
wILL ALL FOLLOW THAT TRACK??? OR ADM will make corrections???
Total Points earned be honestly analysed, and cheaters be punished, by deleting points of such empty replies....
WHAT ALL TOP 25 EXPERTS HAVE TO COMMENT ON IT???? DO YOU LIKE OR HATE SUCH POLICY OF MR NANDA???
CERTAINLY I DO NOT AGREE.
LET US SEE HOW MANY words he used to get number of points?? number of words used per point, average of all experts compared to that of Mr. Nanda.
!!!!!!!!!!!!!!!!!
Though now he has to wait for 10000 more Queries to reply to get his promotion, but I smell a bad policy...
V R SHROFF
(Expert) 04 December 2013
I have joined this organisation on 14th Oct. 2014.
u joined in 2013
Employer clearly contracted for a month of salary, so pay it & resign!!
Lucky, only a month sal,
It can be 2L also.
recruit process is costly now a days, , Employer may have to incure almost 3 salary amt for selection/ agency/ training you/
and if u suddenly leave, it cause damages/ loss to employer..
Employer is well justified, and had informed you as a condition, in Advance,
Kumar Doab
(Expert) 05 December 2013
Your DOJ seems to be wrong.
If DOJ is say 14th Oct 2013 then you are in service for not even 2 months. This is too short a period for the employer or employee to separate.
While the employer has taken full interview to check if selected candidate is the most suitable candidate amongst all interviewed by him for the post, the employee could have also run a check on company, work culture, standing, reputation, HR practices, leadership status, brand equity and image, style and practices of line managers etc...................before joining.
Has the company reimbursed any expenses incurred by you to attend its interview?
It is not mandatory for the employer to conduct interviews thru consultants.
It can very well write the vacancy on its walls by Chalk.
If the employer is not sure of its own capability and interview skills it can hire consultants.
How many other jobs you have missed to be employed with this company?
You might have suffered loss in getting employed with this employer and get shocked later with its conduct and have to look for another employment now. This would need time and expenses and may lead to a compromised employment in another company.
It is very much possible that there can be compelling reasons for both employer and employee to decide that employer/employee is unworthy of being associated with.
You have signed the agreement with employer by your free will.
You could have asked and you can ask now in writing under acknowledgment the rationale behind additional charges/ liquidated damages being levied by employer.
Let the employer state its logic and reason in writing. Once you have the written illustration by company in your hands you can proceed with further deliberations on it.
What is the exact terminology used by the employer for additional charges?
Liquidated damages may not have to be paid just on demand. These (actual loss) may need to be proved.
>> It needs to be understood whether the notice period and additional charges shall be applicable in your case or not?
What is this establishment: Commercial or Industrial?
You are located in which state and redg. office of the establishment is in which state?
This establishment has how many employees?
Are you under probation period or your services have been confirmed in writing?
Are the standing orders applicable to the establishment and has it displayed the standing orders (certified/model) applicable to it at a conspicuous place/notice board/near entrance, and has the standing orders been extended to your designation?
Has the company kept all of its rules and regulations e.g; service rules, service codes and regulations, standing orders, HR policy, exit policy, FNF policy, severance policy etc in knowledge domain like HR/Employee portal that is accessible by employee?
If standing orders are applicable then notice period/pay during probation period is NIL.
If it is a commercial establishment then notice period as per length of service according to the provisions of Shops and Commercial Establishments Act of the state may also be NIL.
You may write to Head –HR, appointing authority, MD, to supply all policies, service rules, standing orders, service conditions and all such rules and regulations mentioned in your appointment letter that shall govern your employment and affirm that reasonable payment if any to be paid shall be paid by you.
>> If you want to resign submit resignation preferably with full notice period applicable in your case.
Let the employer if it wants to accept it before expiry of notice period.
Or
Tender the reasonable notice period as suitable to you. IN notice of resignation mention that as on date no task/assignment is not pending at your end and routine duties is assigned that can be completed on daily basis within and up to expiry of notice period.
Why do your want to resign after a few months?
If there are some issues then you may raise in a gentle manner.
In consultation with your lawyer draft carefully the communications that you may submit before submitting notice of resignation, in notice of resignation and subsequently.
This shall build favorable written record that may help in the long run and may also render employer as unworthy of being employed with.
You may show the job advertisement, job application, interview call letter, offer letter, appointment letter, service rules, standing orders etc to your labor consultant/service lawyer and proceed under expert advice of your lawyer.
Employee should not sign on dotted line in haste and without consulting elders in the family, competent and experienced well wishers, lawyer/law firm.
If your are not covered as ‘Workman’ as in ID Act, ‘Employee’ as in ' Shops and Commercial Establishments Act of the state’ and CSO (Certified Standing Orders) are not extended to your designation the notice period/pay as per service conditions stated in appointment letter/contract of employment, service rules may apply.
The courts of law may not look at appointment letter alone and can look into service conditions and service rules too.
You may still succeed to contest the additional charges.
Designation alone does not decide the candidate would be covered as ‘Workman’ and ‘Employee’ or not.
It shall be worth to download copies of all documents as suggested and visit your labor consultant/service lawyer in person.
The lawyer that has seen all of your docs and has analyzed your inputs can advice you the ebst.
Alternatively you can apply negotiations skills and resolve the matter amicably as deemed fit and suitable to you.
