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Rishi Sachdeva (None)     08 October 2011

Company service contract

Dear Team Of Excellent Lawyers Supporting This Forum

Please help me as i am caught up with a major problem. My cousin sister joined a company and signed a bond for 2 years. She is a brilliant French Student and aced all her Graduation Exams. After 15 to 16 months of hard work at the company she asked her boss if she could leave the company for higher studies. The boss scoled her and asked that she cannot leave this company before 24 months. The job was really strennnous and quite often she was forced to work during night shifts. Although the company did provide a Cab for transportation she was not very comfortable working at night shifts. She was also forced to work beyong her normal working hours on multi million dollar projects. She was only given an in house trianing within the company on the kind of activities she is required to perform and did not in any way enhanced her skills. The company infact used her fluence in French to assign her various French Projects.

Since she was preparing for Enterance Test  for Post Graduation in French from Delhi University which has only 25 to 30 seats she decided to quit her job as it was coming in way of her ambitions. She did sent a resignation letter by Indian registered Post to her Boss a copy of which is attached in the Word File below.

She left the job, studied hard and cleared the entrance test. She also won a scholarship from private institution which sponsored her special french classes in Paris. This was all after she quit her job.

The company presented her "Father's Cheque" which they had retained at the time of her signing the bond and the same was dishounoured. We did notify the company that the cheque will be dishounoured in the resignation letter sent to the boss.

They then sent a Lawyer's Notice which we never replied to. Now we have a Legal Notice from court for "Cheque Dishonour" and does not state anything about job.

Please can all you genuises advise the legal implications we have. Do we have a strong case to contest and if yes on what grounds and sections of law?

P.S. The family is not financially strong.

Rishi



Learning

 2 Replies

jeetendra patel (lawyer)     08 October 2011

FIRST OF ALL YOU WILL HAVE TO APPEAR IN THE COURT IN VIEW OF COURT NOTICE.AFTER GETTING CLARITY ABOUT ENTIRE FACTS INCLUDIND YOUR SERVICE BONDS TERMS AND CONDITIONS,FACTS OF THE COMPLAINANT FILED AGAINST YOU BY COMPANY,ADVICE CAN BE GIVEN.

Kumar Doab (FIN)     23 October 2011

Learned Mr. Patel has given valuable advice. Kindly follow it, and post the details.

Company seems to be zealous and hell bent on extracting undue advantages from employee.

The lady has specifically mentioned not to present the cheque. If the company wanted to claim the amount company could have issued a notice to submit DD, cash, than presenting the cheque and misusing/abusing the provisions of provisions of law.

Did the company obtain undated cheque? If date of agreement is construed as daye of cheque then the cheque is more than 6 months old. Thus the company should have demanded another cheque after 6 months.

Do you have the photocopy of the cheque submitted by you?

Did she have copy of any written instructions asking her to attend night shifts, and work more than normal duty hours, and perform specialized task of attending to french projects? Has she ever requested not to assign night shifts to her? Has she ever asked to pay OT? The attendance is marked online or offline? The employee should demand daily duty hours clocked by her and can demand OT and extra payment for French projects.

Did she complain on unruly behavior and scoldings at workplace?

Your lawyer shall be able to defend the lady, and sue the company as well.


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