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Arun Kumar Sharma (ET (CS))     08 January 2015

Surrender of salary

Dear Esteemed Members

I have joined as an executive in software company and thereafter designated as trainee for a period of one year.

The Appointment letter further says that in the event of my terminating the contract or leaving t heir service before one year, i need to refund the entire amount of stipend received.The Company has not provided me any kind of specialized training as such and termed the same as "On the Job Training"

Now I am getting another lucrative opportunity, So want to shift to it. In such a case Do I need to refund the entire salary/stipend received ? How can the company take back the consideration paid for  services rendered by me ?Can I substantiate my case with some legal material.

Please Advise 



 1 Replies

Kumar Doab (FIN)     08 January 2015

What is being paid to to you 'Stipend' or 'Salary'?

Do you have copy of the job advt.,job application, interview call letter, selection letter, offer letter, appointment letter, agreement signed by you, salary slips etc.......?

Are you being paid on time, and does the company subject you to work beyond 8hrs/day without paying OT?

Have you received salary slips and Form16 and if yes the amounts paid to you are shown under which head? 

Are you doing the work of a regular employee or undergoing class room training/training only?

Has the company been providing the statutory benefits of PF,ESIC, etc?

 

If yes show these to you an able Labor Law Consultant/Service Matters Lawyer ASAP and proceed further under expert advice of your Lawyer and preferably let your lawyer draft your communications so as to build favorable written record under proper acknowledgment.

Stipend is paid if person is appointed as an 'Apprentice' under Apprenticeship Act or as 'Trainee' under Managements Standing Orders!

In such case the Act and standing orders should be referred to.

The training required to enable the employee to handle the counters of employer should be provided without any cost to employee.......

 

 

It shall be appropriate to proceed under expert advice of your Labor Law Consultant/Service Matters lawyer.

 

There are many IT/ITeS employee’s unions and they are doing a good job and trade unions like CITU,INTUC,AITUC,BMS etc are willing to embrace the employee’s from your sector….

 

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

 

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/

https://itnitesunion.wordpress.com/author/itnitesunion/

 

 

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com


 

https://www.shivsena.org

 

 

 

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

 

 

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

Shiv Sena forms first union in information technology sector

 

 

Another Political party PMK in Tamilnadu has joined the movement…

 

You may go thru::

A Chennai-based group called Young Tamil Nadu Movement(YTNM)

The IT Employees Centre (ITEC) and the Federation of IT Employees (FITE) 

https://www.facebook.com/AgainstTCSLayOff

 

https://www.labourstart.org/india/

https://www.indiaresists.com/massive-lay-off-in-tcs-is-outrageous-inhuman-forum-for-it-employees/

 

https://timesofindia.indiatimes.com/tech/jobs/Unions-crack-the-IT-code/articleshow/45770922.cms

https://www.efytimes.com/e1/fullnews.asp?edid=156758

https://www.thenewsminute.com/karnatakas/507

 

 

I have attempted to post meaningful and relevant information in threads at LCI in similar queries.

YOu can search threads with similar queries at:

 

https://www.lawyersclubindia.com/forum/default.asp#.VK04LsuUcqM

 

( the right hand bottom side you will find button with ' Search 

 Topics and Posts'...................GO......................just enter the key words and you shall have access to plethora of information.)

 

 


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