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Ni Tin Thakur   22 April 2018

Breach Employment Agreement Penalty

sir i have a join recently a IT company.i have 2 year 3 month aggrement with them.the first 3 month is a traine and after that i m designated as software developer.i have completed 2 month here.AND I DONT WANT THIS JOB.he does not provide any training to me and i m working with comapnay project.now i want quit the job without pay penalty of 50000 rupess.And i have aggrement on 100 rupess stamp paper. the company have my original certificate also.now i m stuck here please give me helpfull advice.and no stippend i got till now which decied in agreement.



Learning

 8 Replies

Kumar Doab (FIN)     22 April 2018

Do you have copy of said service agreement?

Who else has signed on said service agreement as witness, surety, guarantor etc?

Do you have copy of any published rules/policy/communication asking to sign said service agreement and deposit original certificates e.g; job advt/job application/interview call letter/selection letter/joining letter/offer letter/appointment letter……………?

Has any acknowledgment of having received and retained original certificates been issued to you?

You are recruited as Trainee under; Managements’ standing orders or Apprenticeship Rules/Act?

What is stated in above docs about salary/CTC/stipend and pay day/date, work hours?

Do you have irrefutable evidence of working as regular employee and performing duties of regular employee and not being provided any Training and being paid stipend/salary on fixed day despite representations in office?

1 Like

Kumar Doab (FIN)     22 April 2018

 

 

While posting such queries employee should post basic information!

What is this establishment; GOvt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

 

 

 

 

 

 

  

1 Like

Kumar Doab (FIN)     22 April 2018

Your posts do point out that employer is violator of IT's own obligations and probably said agreement as well...................and thus unworthy of being employed with!

Ni Tin Thakur   22 April 2018

i have copy of agreement i have been recruited from my university.in that copy my designation is

Kumar Doab (FIN)     22 April 2018

Originally posted by : Ni Tin Thakur
i have copy of agreement i have been recruited from my university.in that copy my designation is

Your response is in complete..

Post pointwise reply to all points..

I shall try to help as much as possible..

1 Like

Ni Tin Thakur   22 April 2018

1.       Yes I have the copy of said service agreement with two of my friends as guarantor.

2.       Yes, I have the soft copy of joining letter asking me for the original certificates for verification only.

3.       No. I do not have any acknowledgement for submitting the said documents.

4.       No idea about the order/act/rules of Apprenticeship/Trainee. (Sorry for the same.)

5.       Stipend is said to be Rs. 10,000 per month for three months and after the completion, it will be based on performance. It is mentioned in the bond that the agreement was to be effective from 10th of March, 2018 but we joined on 21st March, 2018. Salary is to be given from 27th March, 2018. (I don’t know the reason behind it.)

6.       I am working on a project and I have to send the reports of the same daily. I have all the copies of that report. No penny is being invested in my training. I am being paid a stipend od Rs. 10k which is to be given from 27th March, 2018 despite the fact that I joined from 21st March, 2018.

7.       This organization is a privately held entity registered under the Company Act, 1956 as mentioned in the agreement.

8.       Its nature of business is IT which deals with mainly educational software and hardware.

9.       I know around 17 people working in the company including the two Directors. Out of them around 7 people joined in 2018.

10.   I am recruited as IT Executive – Software Developer + Trainee. (Trainee for three months). I hereby quote two statements regarding the same.

a.       “We will be promote you as a “IT Executive-Software Developer” and your gross salary will be based on your performance.

b.      The said employee shall not resign his office of IT Executive-Software Developer till the end of this contract period.

11.   Nobody reports me but I have to report the two directors daily evening, in addition, I have to send two reports daily.

12.   No, I do not have any rights of sanctioning, appointing, incrementing terminating etc.

13.   I am from Himachal Pradesh and working in Punjab I am working since 21st March, 2018.

14.   I was on probation in the first 15 days after 21st of March, 2018.

15.   Mentioned notice period is of 1 month. In case I wish to resign from the company, I have to send a notice period prior one month.

16.   No stinker, memo, show cause notice issued to me ever.

17.   No I do not have any signed copy of appraisal form. I think my performance is average.

18.   No, I am not a member of any union.

 

 

All the information is correct as per me.

Ni Tin Thakur   22 April 2018

1.       Yes I have the copy of said service agreement with two of my friends as guarantor.

2.       Yes, I have the soft copy of joining letter asking me for the original certificates for verification only.

3.       No. I do not have any acknowledgement for submitting the said documents.

4.       No idea about the order/act/rules of Apprenticeship/Trainee. (Sorry for the same.)

5.       Stipend is said to be Rs. 10,000 per month for three months and after the completion, it will be based on performance. It is mentioned in the bond that the agreement was to be effective from 10th of March, 2018 but we joined on 21st March, 2018. Salary is to be given from 27th March, 2018. (I don’t know the reason behind it.)

6.       I am working on a project and I have to send the reports of the same daily. I have all the copies of that report. No penny is being invested in my training. I am being paid a stipend od Rs. 10k which is to be given from 27th March, 2018 despite the fact that I joined from 21st March, 2018.

7.       This organization is a privately held entity registered under the Company Act, 1956 as mentioned in the agreement.

8.       Its nature of business is IT which deals with mainly educational software and hardware.

9.       I know around 17 people working in the company including the two Directors. Out of them around 7 people joined in 2018.

10.   I am recruited as IT Executive – Software Developer + Trainee. (Trainee for three months). I hereby quote two statements regarding the same.

a.       “We will be promote you as a “IT Executive-Software Developer” and your gross salary will be based on your performance.

b.      The said employee shall not resign his office of IT Executive-Software Developer till the end of this contract period.

11.   Nobody reports me but I have to report the two directors daily evening, in addition, I have to send two reports daily.

12.   No, I do not have any rights of sanctioning, appointing, incrementing terminating etc.

13.   I am from Himachal Pradesh and working in Punjab I am working since 21st March, 2018.

14.   I was on probation in the first 15 days after 21st of March, 2018.

15.   Mentioned notice period is of 1 month. In case I wish to resign from the company, I have to send a notice period prior one month.

16.   No stinker, memo, show cause notice issued to me ever.

17.   No I do not have any signed copy of appraisal form. I think my performance is average.

18.   No, I am not a member of any union.

 

 

All the information is correct as per me

Siddharth Jain   23 April 2018

You simply have to serve a legal notice to your employer stating your grievances as well as for obtaining your original certificates. Bonded employment is illegal and cannot be enforced in the court of law, no you won't be pay any penalty to them.
For any other queries feel free to contact me at isidjain1@gmail.com
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