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(Guest)

Forcing me to provide undated cheque

Dear sir/madam,

I am working as a software Developer in one of the IT Company.

I had joined in this company in May 2012 (By Campus recruitment)

at the time of joining i have committed for 2 years agreement by providing the surety signature from my brother in law... Now i have completed 2 years in May 2014. In the month of April they asked me to sign for 2 more years agreement and also undated cheques with 6 months salary.

I said i am not interested in that.. i will not able able to provide you the cheques and bond... and suddenly one day my HR forced me to sign on the agreement(which dose not have any stamp) along with submitting the cheques..  I did my signature on that.

on the agreement it was written like the agreement between CEO and me about to continue 2 years along with providing cheque numbers on that agreement.

Next day i told to my HR "i am not at all interested in providing cheques, i will continue without any of this type of agreements"...  and i have not submitted my cheques till today also.

The agreement is valid from june 2014 to june 2016, There is no stamp paper on the agreement when i signed.. and there is no space to put also.. it was just a printout.

I sent an email to my HR on May 29 2014 about my un interest in two years agreement.. and saying as one year commitment i can give without any cheques.

My Hr intentionally postponed the discussion upto 2 moths.. After 2 months(In Aug) i put resignation for my position.
and they were not accepted my resignation and saying like they will proceed leagally if i am not gonig to continue. and as a reply to resignation email they sent you have commited for 2 years agreement.. then i replyed as i have not commited anything leagally..and HR has shown me a xerox copy which has the stamp paper at right side top corner..i requested them to provide the copy but they said we won't give copy outside... after this discussion is happened we agreed to commit for one year.. After i taken my resignation back they are asking me to provide cheque compulsory.. otherwise the 2 years agreement is processed...

and now they are not giving me the salary as mentioned in the 2 years agreement and remaining amount is provided as bonus after completing 1 year.(They processing with retention amount concept as i am not providing cheques and agreement is incompleted)

Now I have went with so much of discussion with my HR to convince them for providing full amount of salary.

They were not able to believe in me and at the same time i am also lost my reputation with the company.

There are no problems for me to continue with the company with out any bond and cheques.But now i don't want to continue in such a company..

They asking me forcefully for cheque and agreement on a new bond paper for 1 year (Which has some space to put stamp paper).

Please provide me some suggestions on this...

Thanks in Advance.....



Learning

 2 Replies

Kumar Doab (FIN)     11 September 2014

You have grossly erred from beginning and you have been writing probably without consulting elders in the family, employee's unions, your lawyer.

Without any delay approach an able Labor Law consultant/Service Lawyer along with copies of all docs/communication record and proceed under expert advice of your lawyer.

Now let your lawyer draft all of your communications.

The paper signed by you seem to have been pasted on a stamp paper. 

T. Kalaiselvan, Advocate (Advocate)     18 September 2014

Your employer cannot force you to renew the employment agreement or extend the same beyond the period of agreement. As rightly observed, you have grossly erred from the beginning by communicating on your own without consulting any one even about the pros and cons. Atleast now you better consult a lawyer and take his advise after personally explaining him the situations.


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