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brijendrasingh   21 November 2015

Appointment terms and conditions

This is my second querry with regard to Terms and conditions of service

 

I have recently joined a Pvt Ltd Company manufacturing pharmacy equipments. My designation is of a Manager . The company has the following policy which I don’t think is right.

1.            01 year Prohibition Period.

2.            During Prohibition period, three month notice period is required.

3.            After completion of prohibition period, three months notice period is required.

4,            Buy back option for Notice period is not available.

5.            Three years bond is mandatory. The fine for not fulfilling the conditions of bond is Rs. 5 lacs or 01 years CTC period , whichever is higher.

As far my knowledge goes, the following are the rules for Pvt Ltd company which are in District-Thane (Maharashtra).

1.            Only 03 years prohibition period is the rule.

2.            During prohibition period, the termination may be immediate and no notice period is required.

3.            After completion of prohibition period, thirty days notice period is required. Also there is an option of buy back  notice period.

5.            About the Bond, I am clueless, as I am not aware if this is legal?/

Can you please clarify  the existing rules?. Also, When the employee is new, he does not have any option but to agree the above terms and conditions of the service. But, faces undue hardships while he plans to quit due to better career prospects or when there is no job satisfaction. Please guide.



Learning

 3 Replies

Kumar Doab (FIN)     21 November 2015

What is this 'Prohibition Period'?

Is it Probation Period?

 

From which Act/rule/notification/statue/instrument of law etc you have picked up latter points 1-5?

The bond is created in lieu of what extra ordinary favor, training etc?

 

As per your own understanding how and whya Manager shall be covered by such Act/rule/notification/statue/instrument of law etc?

 

 

brijendrasingh   21 November 2015

@ Kumar Doab, sorry for the typing error, its Probation Period.

Every employee is asked to accepts the terms and conditions.  Are they as per the rules??

 

Please let me know the correct rules and also their references..

Thanks

Kumar Doab (FIN)     21 November 2015

You may answer all points raised in my first post.

Consult an able counsel specializing in Labor/service maters with copies of all docs on record.

 


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