Exploitation in an mnc

law is complicated. All legal implications depend on the agreements you have entered with the other party. If do not wish to enforce anything but trick you employer, what you need is an advice from a con - artist not a lawyer.  Please specify what issue do you need advice on.

Start with whether .............

Hi ..

The agreement states that "If an employee leaves or resign from his services within the period of one year he has to pay 70 K to the company".

But i have already served 7 months, and have again joined the same company and now they are asking me to sign a new Bond of 80K which will start from now on-wards. when I asked them to show me as a continued employee so that i will be able to serve my previous bond or lets continue with the previous bond but they didnt get agree on this. Now

I have below doubts or you can say queries..

1.What should i do to get out of all this, I mean i do not want to pay 70k but want my relieving letter as well as experience letter.

2.Without paying them 70k i wont get my relieving letter and experience letter of my previous years work which is 2.6 years. this mean that i would have no proof of my previous years work.

3.Is this agreement or Bond is legal in India?(in employment)

With the limited facts (All the terms of the agreement) and believing what you say is the position in law also, an agreement that is one sided or terms of which are such that performance of which would cause great hardship on one party whereas non performance does not cause any loss to the other party is void in law (the Indian Contract Act) and the company will be liable to issue you relieving letter when the agreement is challenged in the court of law or an arbitrator as per terms of the agreement. Proof of work experience other than by a relieving letter can be created by an affidavit from you, your colleague, your project manager or any person acquainted with true facts about your work experience at the company and that is acceptable as a valid proof in any civilized country. Relieving letter in the above context holds importance only as regards your "reliability" in the eyes of any other company that you may approach for work Unless your company sues you for 70 k you are actually safe from litigation and by the ways suggested above you can get a proof of your work experience.

With the limited facts (All the terms of the agreement) and believing what you say is the position in law also, an agreement that is one sided or terms of which are such that performance of which would cause great hardship on one party whereas non performance does not cause any loss to the other party is void in law (the Indian Contract Act) and the company will be liable to issue you relieving letter when the agreement is challenged in the court of law or an arbitrator as per terms of the agreement. 

Proof of work experience other than by a relieving letter can be created by an affidavit from you, your colleague, your project manager or any person acquainted with true facts about your work experience at the company and that is acceptable as a valid proof in any civilized country.

Relieving letter in the above context holds importance only as regards your "reliability" in the eyes of any other company that you may approach for work

Unless your company sues you for 70 k you are actually safe from litigation and by the ways suggested above you can get a proof of your work experience. 

 

Does it mean I'L have to pay them 70k in case they sue me???? or is there any way that this agreement can get waived off..??

In case they sue you the Court where you are sued will decide (Judgment, Order or Decree) the rights and liabilities of the parties, any party dissatisfied can appeal therefrom resulting in an unending litigation till the parties cannot appeal any further.

This means usually the company will try to avoid a litigation in this matter, but where a litigation is initiated by you the company can make a counter claim of Rs. 70,000/- then again as that will be a litigation the end of it will decide if you are liable to pay or not and if the company is liable to honor your request to issue a relieving letter.

In order to waive this agreement, 

1. You can negotiate with your employer (not the H. R. but the decision maker). You may write a letter to him and work a way out.

2. Challenge the agreement before the Court by way of litigation.

3. Forget about it as long as you are not sued.