You have posted that:
--“I did not received any kind of training from my company.’
Then what is the ground for creating a service agreement of 2 years?
--“First, I was hired as a Software Engineer but I was forced to work in the customer support for 2 months with one of the my company's client. Secondly, after few months I had to work in another Operations role inspite of my profile as a Software Engineer.
In my offer letter it was mentioned that my training period is for 6 months and 6 month is the probation period. But when I received my appointment letter, my training and probation periods were mentioned Apr-12 to Sep-12 and Oct-12 to Mar-13 respectively.‘
Did you ever submit any representation to good offices of your appointing authority for deviating from its committement’s to you: e.g. training period, probation period?
Did you submit any representation for putting in dept/service which for which you did not apply, and for which you are not appointed and conclude that you would like to be in a discipline which is in line with your qualification, experience, future goals, career….?
Company may claim that you have signed the agreement by your free will and you are under contractual obligation and may sit on proper relieving. It may initiate proceedings against you.
However it shall have to prove its contentions in court of law.
As future employers may insist on relieving letter you may have to agitate and approach your lawyer, lawful authority, court of law.
If company is under IESO Act and has extended to your designation/position you may refer to these. If certified standing orders are not framed, model standing orders shall apply.
Some states had granted exemption to IT companies from IESO Act some states had not.Some states have ended this exemption now and IESO Act shall be applicable again e.g. Karnataka.
Model Standing Orders:
13. Termination of employment
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
[1] Subs by ibid
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
17. Liability of 17[employer].--The [1][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.
[1] Subs by ibid
18. Exhibition of standing orders.--A copy of these orders in English and in Hindi shall be pasted at [1][*****] and on a notice-board maintained at or near the main entrance to the establishment and shall be kept in a legible condition.
SE Act is applicable to IT companies. You may refer to SE Act applicable to your state.
e.g. SE Act Delhi:
30. NOTICE OF DISMISSAL
Approach a competent and experienced service lawyer/labor consultant with copies of all docs, give inputs in person, spend quality time and proceed under expert advice of your lawyer. Don’t pay any amounts, until finally advised by your lawyer.
Your lawyer may opine that you fall within the category of workman and ID can be invoked, and agreement is in violation of the standing orders. Designation alone does not decide employee is a workman or not.
The company may yield to legal notice of your lawyer, demand notice by you thru your lawyer, during conciliation proceedings, Notice by Wages Inspector, Inspector under SE act…..or you may have to approach civil court.
You may go thru the attachments and other threads initiated by employees e.g;
https://www.lawyersclubindia.com/forum/Is-service-bond-is-legal-74011.asp#.USt-AkpMe8A
https://www.lawyersclubindia.com/forum/Joining-the-client-organization-75245.asp.
Valuable advice of learned experts/members is sought.
