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goutam (ERP)     08 October 2014

Service agreement

Hi

I was worked in an ITES company, work around 1 year 3 month . after joining 3/4 month they insist for process transition (OJT) to China signing service bond. On 1Sep ,14 they teminated me suddenly . I was permanent emplyee there but as per appointment letter clause, the have done this. 

During onsite and after, i worked hard and appeciate by client and management but due to cost cuuting, they have done this. Now they want service agreement money rs. 1840000 (200000 - leave balance) ,otherwise they Legal action and /or not provide releiving letter.

Bond - Rs 200000 if i leave with in 2 years from company or proarata basis.

I am in unemployment and have financial barriar unable to pay huge amount.

How can comapny harrass me ? is they can take any action?

I am in trouble ....Please assist and and advise asap. ....

Thanks

Goutam

 

Please any body p

 



Learning

 4 Replies

Kumar Doab (FIN)     08 October 2014

 

>>> You have posted that you were terminated by the company due to cost cutting.

Since you have not terminated the employment hence Bond money should not be applicable to you.

The company has to tender notice pay, leave encashment, bonus, wages till date of termination, etc………………….and service certificate, relieving letter on last day in office.

 

>>> Has the company issued termination order:::: if yes has it stated reason for termination in it:::: e.g: clause of appointment letter that employment can be terminated:::: or cost cutting?

Do you have any evidence that:::: company was into cost cutting?

What is OJT? Is it any training from any certified INstt. that would add any extra ordinary skill/qualification to you?

 

Do you have copy of BOND?

 >>> What is this establishment; Commercial, Industrial, Small Enterprise? The registration certificate should have been displayed near entrance.

 

 

 

How many people are employed in it?

 

The Redg. office of the company and reporting office of the employee is located in which state?

Employee was located in which state on the date of termination?

 

What was employee’s designation and nature of duties and how many persons were reporting to employee?

 

Did  employee have any power to sanction leave, pass increment, conduct appraisal, recruit/appoint/terminate?

 

Was any offer letter issued ( if not appointment letter) if yes, Who has signed the offer  letter?

 

 

Is it stated in offer letter that service conditions shall be governed by HR policy/service rules and regulations/conduct and discipline rules/standing orders (certified/model) and do you have copy of these?

 

Was the employee under probation period or a confirmed employee? 

 

Did you submit your representation against termination?

 

Is there any ‘Employee’s Committee/Grievance Rederessal Committee’ in your company and did you approach them?

 

Are you a member of any employee’s/trade unions?

 

 

Reply point wise to each point.

 

 

                                         

goutam (ERP)     12 October 2014

Hi I was terminated for performence issue. As per appointment letter clause,they can terminated and I have signed at time of joining. OJT - Nothing but onsite working under super vision of client. mY Company - BPO Genpact, I worked in Kolkata office ,if they take legal action for sevice bond,that would be in delhi or hydrabad jurisdiction. Please help..

Kumar Doab (FIN)     12 October 2014

Is it stated in so called OJT/Bnd that even if you are terminated for performance issue you have to pay the Bond money on Pro rated Basis?

 

Do you have copy of the Bond?

 

The company if at all files it shall do so at location stated in Bond?

 

 

It shall be appropriate to show the job advt., interview call letter, selection/offer letter, appointment letter, OJT/Bond, demand of money, etc to an able Labor Law Consultant/Service Lawyer and proceed under the expert advice of the lawyer.


 
You lawyer may opine that you were deputed/Transferred/place to work at another location, and you produced revenue/profit for the employee and it was not any training hence the Bond  may be unconscionable.
 
 
 

goutam (ERP)     27 October 2014

Hi

My company are not providing me releiving letter unltil i pay bond amount. I communicated to HR several times that unable to pay bond amount .

My performence appreciate by Sr Manager and client as well. There are some conspiracy against me and my few collegeues  and supervisor is involved in it.  I know that but i dint have prove on this. They will get commision from recovery money.

They have applied same process to one employee also. They try to harrass me.

What legal course of action I can face ? What will be conseqence if I unabel to pay the money ? What  legal action I can take aqgainst it .

Please assist asap.

Thanks

Goutam


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