Employee contract

Hope you shall take this post positively.

----------First of all avoid joining companies which demand to sign employment bond, submit original documents of education qualification, sureties, guarantors, collaterals, FD with lien marked in favor of company…………………………or ask to become member of some privately controlled establishments which have the right to post comments on candidature and worthiness of employment e.g. NSR of NASSCHOM……………….and be a member of many of the unions/associations/IC’s/Guilds of employee’s …………..and if you are in a trade where “NO” employer will employ, keep access to a lawyer/law firm to guide and defend from legal traps…………………….and legal injury.

What is the ground for inserting demanding salary for 2 months: if  this company has not invested a dime on training which would add to qualification or provide some extra ordinary skills?

The document referred to as ‘Bond’ by you is service agreement or some kind of bond and amount of 2 month’s salary is mentioned as liquidated damages…………..?

Are you working as a regular employee and producing revenue and profits for the company?

Are you under probation?

During probation employee does not have any lien on employment and has to pass the test of probation period successfully up to the satisfaction of employer for being absorbed in permanent employment.

-------3 months is too short a period to separate from employer. Until or unless there are some compelling reasons to separate which only you would know e.g.; work place harassment, rude/coercive/threatening/abusive conduct at workplace………………………extended hours without any OT, undue pressure………….etc and most importantly if you have the proof, evidence, witness and can prove it.

If there is such happening have you approached good offices of appointing authority, MD, Works Committee, Grievance Redressal cell, trade unions etc…………….

Empathy demand before one accuses another he should put himself in another’s shoes……………………….

If you initiate your enterprise one day, would you be able to accept the employees leaving in 3 months?

Employers are known to chase and hound the employees, pull them to courts of law, peruse for recovery, sit on relieving/FNF settlements, post adverse comments in BGV…………..etc

-------- Employee should not join an employer just for the heck of it……………and fall in legal traps later.

If there are no jobs then hunt for a good job………………if one job is offered consult elders in the family, competent and experienced well wishers, lawyer /law firm before signing on the dotted line, keep record of job advertisement, interview call letter, offer letter, appointment letter, bond etc …………………………….and understand the nuisances……….

Employee should build favorable written record and start building it from the day of coming across job advertisement………………….

--------You have posted that :

“But They can sack me any time with 30 days of notice.”

Most probably you can also terminate the appointment by tendering notice/notice pay of 1 month. If yes the condition in appointment order is of equitable discretion.

Contract of employment are legal.

You have signed the bond by your free will.

The amounts stated in bond as a penalty to compensate the employer as liquidated damages to make up for the loss employer may suffer is accepted by you. So the company can issue notice, legal notice, and initiate proceedings for recovery……………..

This is the maximum amount from bond company can claim.

If it does you shall have to contest or pay…………………

If the matter lands up in court of law court shall decide the reasonable amount as per reasonable and facts of the case, before it………………………………….

Is there any condition if the company terminates the contract; say abrupt termination, it also has to compensate the employee by an equitable amount?

Since the employee is bound for period of 2 years he won’t be scouting for employment with another employer for 2 years and abrupt termination will render him without any source of livelihood……………………..

It shall be appropriate to show all of your documents and records to a competent and experienced labor consultant/service lawyer specializing in such matters and proceed under expert advice of your lawyer. The lawyer that has examined all documents and merits can advise you best.

In the meantime you may go thru the attachments.

sir, my probation period will last upto 24 aug 2013. I just want to ask will probation will be extended a/c to labour law??

In contract of employment/appointment letter depending upon nature of job employer keeps time (days/months) for period of probation to determine the suitability of employee for continuation of contract of employment/absorption in permanent employment.

It is felt that lawmakers have not prescribed period of probation for all kinds of jobs and have left it to the employer to define period of probation, and that in all kinds of job employee should be appointed on probation only or employee can not be appointed without probation period…………………..

However it is usually stated in contract of employment/appointment letter: the employee shall remain on probation till his services are confirmed in writing……………………..

The language/statements in appointment letter issued to you and certified standing orders of the company (if any or Model standing orders if applicable to your establishment) should be studied by your lawyer.

Employer is expected to coach, guide, train, evaluate, instruct, counsel the employee so that employee assimilates the expectations from him, learn and is able to perform satisfactorily.

To avoid any ambiguity, confusion employer should communicate service condition in an upfront and transparent manner.

The senior officials of the company are expected to conduct appraisal of the probationer employee in time and communicate in time on the status of extension of probation period/confirmation of service.

If your performance is not up to the level of satisfaction of company then it can/may extend period of probation.

During probation employee does not have any lien on employment.It shall be appropriate to show all of your documents and records to a competent and experienced labor consultant/service lawyer specializing in such matters and proceed under expert advice of your lawyer. The lawyer that has examined all documents and merits can advise you best.