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regarding agreement

(Querist) 23 January 2011 This query is : Resolved 
Hello Everybody,

My name is karthik, I am working in an MNC. 10 months back I was sent to USA on training purposes. But instead of training, I had to work for 3 months in USA.

After my arrival we did get some jobs from USA and I have even executed them.

I feel entirely cheated by my company.

Please advice me whether such agreements are applicable as per indian laws or not.

Also advice me what to do FUrther.
Advocate. Arunagiri (Expert) 23 January 2011
Post the agreement copy, which you have signed for the purpose going to USA. We will provide proper advise.
Surendra Singh Chandrawat (Expert) 24 January 2011
Yes, agreement is applicable.
Ahmed Daud Girach (Expert) 24 January 2011
Yes areement is applicable and though you have actually worked there in the name of training.so your contention is to get full salary like regular employee.That will be governed by agreement.See the agreement clause what it provides?Whether some classroom training,or field visits?who or wht nature of faculty etc..Now a days employee are recrited as designated trainee but actual work is taken from them.like Management Trainee for two years but actually posted as Medical Representative.You can file a case with Labour court I assume you to be a technical hand for regular salary as your regular counterpart is drawing.If u are not workman under ID Act then file civil suit with same contention.
Ajay Bansal (Expert) 24 January 2011
SHOW THE COPY OF AGREEMENT.
karthikeyan (Querist) 24 January 2011
Thanks for your replies.

But I do not have a copy of the agreement.

This agreement was signed by me on the company letter-pad. The contents of the agreement said that, I will be trained in USA for 3 months and it also said that if there is any dispute then a mutual person from the organization will be chosen to solve it. The agreement also says that For these 3 months of my training, I have to stay with the organization for 2 years, failing which I will have to give the entire cost occurred for my training to the organization.

Now since I have not received any Training and I have also completed their Job worth $62000. why should I stay with this organization?I feel really cheated.

Please advice me.


M V Gupta (Expert) 24 January 2011
The Agreement appears to be one for on site training, which involves ur working on a given project. There appears to be a misunderstanding on ur part. The company would probably say that what u did abroad was on site training and hence there is no violation of the agreed terms on their part and that u are entitled to only stipend under the agreement and not for full salary.
R.venkatesh Naidu (Expert) 24 January 2011
I agreed Mr. Ahamed Daud Girach's advice and please you send the agreement copy


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