Agreement

which agreement?

Hope you shall take IT positively.

It is not a right way to ask query.

“agreement is legal in India ??”

The generic answer would be; yes……since an agreement is legal in India.

“I join a company they sign a aggremnent with me...”

Many questions may arise e.g; What agreement in what capacity for what..?

 ‘Employment Bond’ can be legally valid and can also also unconscionable, unreasonable, unenforceable, void….

Did you consult elders of the family, competent and experienced well wishers, seasoned employee’s/trade union leaders, and a very able senior LOCAL counsel of unshakable repute and integrity specializing in concerned field of law (Labor/Service matters  as in your case) and having successful track record……………and worth his/her salt….before signing on the dotted line?

If yes, you would know by now, how to get liberate from said Bond without any blot/damage/adverse effect/financial loss to you!

Did you inquire about credentials of the establishment before joining IT?

If the said company with condition of said Bond was found most suitable by you in the market to get associated with, despite condition of said Bond then why now you want to separate?

What exactly is the situation that you want to deal with and if IT is simple situation as described in documents then what exactly is the need to ask for best way to deal with such situation?

Is this employer unworthy of being employed with?

If yes; why?

Post basic and full details starting from job advt, job application, interview call letter, selection letter, appointment letter, and that whether in any of these the condition of said Bond was communicated in writing/on record by establishment/employer to candidate/employee or IT was communicated later?

If yes; when and thru which document/communiqué?

The said Bond was crafted in lieu of what extra ordinary favor by employer to employee say; some Training that would add some qualification or some extra ordinary skill to employee?

Do you have true/authenticated copy of the said Bond…..?

Were you employed before joining this establishment?

In addition of said Bond what are other covenants (negative)/ clauses/agreements signed by you?

Have you also deposited any original docs/security cheque etc and/or any lien is also marked on say some FDR?

Have you signed/registered with NSR and shared PIN with say; HR personnel?

While posting such queries employee should post basic information!

What is this establishment; Govt/private/PSU……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?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Which is fixed pay day? Has salary not been paid on pay day?

Has salary slip been issued and supplied? What is monthly salary?

Has company issued any notice on closure of company?

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?

What are the work hours?

How many hours a day you are made to work?

Is any OT paid, compensatory off given?

Do you get full off days/holidays or you are made to work on these days also?

Are you in PIP?

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……………?

Such queries have been discussed unlimited number of times at LCI and you or anyone can search and get illustrations, citations, judgments in threads, Articles…..

During SEARCH one shall also find posors, impersonators that loiter at online portals to allure and fleece unsuspecting querists posing as some Chief Lawyer (so a LIAR) and advertising unknown firms as Law firms ( so LIAR’s firms)………..from multiple fake ID’s and may even advertise photo of a very sick and old entity…..

When one can always get LOCL counsels at one’s own location why should anyone fall into traps at online portals?

Perspectives;

Satisfy all conditions narrated in service conditions and Bond and swallow the loss if any and learn a lesson for future…!

If there is any condition in bond that is not fulfilled or violated by employer build on IT and liberate without paying liquidated damages by your own efforts and skills or thru your counsels… without litigation!

Or lean on unions and counsels..!

Or get relief from court of law…!

Or pay under protest on valid grounds ………and later approach court of law for refund on valid grounds…! Get relief from court of law as PIP or thru your counsels!