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raj (BA)     23 May 2013

Bond in offr letter and validity

 

i work in a company since 8 months and have resigned ,now they are asking for training compensesation of 4 lakh as a bond ,i have not yet received my confirmation letter from the organization and also not got any kind of training .

below are the terms mentioned in the offer letter .

 

1.You will be on probation for a period of six months from the date of joining. The Company

retains its right to extend your probation if your services are not found satisfactory. On successful

completion of your probationary period, you will be confirmed in the services of the company, such

confirmation being in writing.

 

2.You or the Company can terminate your employment without notice while under probation or

two month’s written notice after confirmation.

 

3.The Company will invest a considerable sum to train you and to bring you up to the industry

standards. As a result of these expenses; you agree to maintain employment with the Company for a

period of no less than two 2 years from the date of your employment start date. If at any time

during this two (2) year period, you voluntarily terminate your employment with the company, you

agree to pay Company your proportionate share of the INR 400,000 invested in my training.

 

 

 

please suggest me the validity of this bond.They are threatening to take legal action against me and not giving reliving letter.

 

 

Thanks & Regards

Raj



Learning

 3 Replies

Kumar Doab (FIN)     23 May 2013

 

 

 

Has the company provided any training and invested any amount in any training provided to you?

Has the company confirmed your service in writing?

 

You have posted that:

 

“you agree to pay Company your proportionate share of the INR 400,000 invested in my training.“

 

What is meant by this proportionate share? What is the % of proportion?

 Assuming that it is 50:50 the total training expense incurred on you should be huge.

 

Has this company footed the bill for sending you abroad for training?

 

Employee should think and consult before signing on the dotted line.

 

It shall be appropriate to show job advertisement, interview call letter, selection letter/offer letter, appointment letter to a competent and experienced labor consultant/service lawyer, give inputs in person, and spend quality time with your lawyer.

 

The lawyer who has seen the documents can advice you best.

In the meantime you may go thru attachments.


Attached File : 715499189 417759075 validity of employment bonds.pdf, 715499189 background paper.pdf downloaded: 93 times

raj (BA)     23 May 2013

1. No written confirmation given by the company

2. No formal training provided ( they considering working discussion as a part of training)

3. Regarding proportionate share , no where written proportion bifurcation.

4. not send anywhere (abroad) for training.

 

Thanks & Regards

Raj 

Kumar Doab (FIN)     23 May 2013

 

 

1. You are still under probation. So the contract can be terminated without any notice of termination and notice pay in lieu of Notice.

 

2. NO Training. Thus NO expense. Thus No proportionate Liablity on Employee.

The company has breached the contract. Employee can accuse the company for having breached the contract.

 

The company should not accuse the employee for having breached the contract, as breach is by company.

 

They are threatening to take legal action against me and not giving reliving letter.”

 

Who is threatening you: line managers, HR executives, or directors/promoters…………….: you need to charge them by name…………If facts are on your side you may………..you can………

 

The line managers, HR executives are not your employer they are just another employee in the company…………………

 

You may submit a terse but in well mannered language: representation to good offices of appointing authority, MD, Chairman, Company Secretary and submit the facts and seek relief and stir or shake (as you may be pleased) to supply you the acknowledgment of notice of resignation, acceptance of resignation, work experience/service certificate, relieving letter, correct FNF statement, Payment of FNF dues by bank DD only, Form 16 as per correct FNF statement, PF number/account slips/attested copies of PF withdrawal-transfer forms, ESIC card, salary slips for all months of employment, NOC/NDC…………….etc by redg. post only. You may add that you have completed all task on hand, have handed over the charge/company property, and a postage prepaid ( as purchased from PO) self addressed envelope is attached for sending the redg. post to you.

 The last salary slip + FNF statement+ acceptance of resignation + Work experience/service certificate may suffice to be as good as relieving letter…………

 

 

Are you treating it as a threat, coercion to extort the monies……………..?

 

 

 

Relieving letter: Is issued post all settlements by employee e.g. handing over the company property, charge, may be completing all tasks/assignments in progress………….and signifies employee has been properly relieved and is no more employed with company……….

 

Did you separate/terminate by tendering notice of resignation even if for   a few days?

If yes, you have displayed character…………and given sufficient time to employer to put his house in order.

 

 

 

 

 

It shall be appropriate to show along with elders in the family : job advertisement, interview call letter, selection letter/offer letter, appointment letter to a competent and experienced labor consultant/service lawyer, give inputs in person, and spend quality time with your lawyer.

 

Your lawyer may opine that you can approach o/o Labor Commissioner, Inspector under Shops and establishments Act, Inspector under Payment of Wages Act, Police, Trade Unions, Community Leaders, Civil court……………….

Let all of your representations be drafted/structured by your lawyer, to benefit you in the long run.

The legal notice by your lawyer may put the matter on " Shut Up Mode".

If the compnay pulls you to court, court shall decide on the merits.

As per your post merits seem to be on your side.

The lawyer who has seen the documents can advice you best, and let his advise be final on all points discussed in this thread.

 

Valuable advice of learned experts/members is sought.

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