Legal issues

Below given are the clauses that needs to be taken care while drafting agreement 

Title of contract

Identity of parties

Addressof paties

Recitals

a)Purpose

b)Background

Underlying assumptions

Restrictions

price

Contract terms

Ownership of Intellectual Proprty

Warranties

Disclaimers

Limitations on Liability

Termination of contract

Confediantility clause

Idemnification

Arbitration Clause

Waiver clause

Assignment

Severability

Notice

Governing Law

Signatures of the parties

Notarization

Legal requirements of valid agreements:-

1. offer and acceptance (without which, there can be no agreement in the phraseology of the law.

2. Consideration without which, in general, the agreement is void.

3. competent parties (incompetence of a party nullifies the agreement

4.free consent ( consent must not be induced by fraud or compelled by coercion.

5. lawfulness of the object  (the agreement  must not be illegal or immoral) or opposed to public policy and must not impose under restraint on freedom of trade etc.)

Hi sir,

I am working in am MNC company , i have a signed a 1 year bond and submited  a security check for $50000 and all my original educational documents 10th, 2nd PUC and degree to the company and signed a contract. Now i have a issue, i will give a copy of  detail mail that i was sent to my manager.

Hi Manager,

Firstly, Thanks for the below E-mail. As per our earlier conversation on 14^th Feb 2012 I have clearly mentioned that I was recruited by both Hari Krishna and Thanima (who unfortunately is not a part of the organization in today’s date as per our discussion) stating that there is a Medical Billing Process in Xchanging. Therefore, keeping this in mind I have signed the bond and submitted all the required marks card as per the Company Policy.

It was indeed strange to know that Xchanging recruits experience candidates with just one HR round. If there had to be an Opts. Manager round as well this would have given me an opportunity to inform them my exact Roles & Responsibilities. This would have helped the Opts. Manager to decide if my profile suits the requirement or not. However, in this scenario the only point of contact for me was HR and I was given the offer letter having to go through only one round of Aptitude test, Process related test and finally a HR round. As mentioned in the below E-mail could you please let me know if this is right on you to recruit a 3 years experienced candidate only by his as mentioned “some health insurance experience” to fit into H&B process. Please understand that I am not a fresher candidate where you could put me in any process and play with my career. This clearly states that HR is not really worried on the experience that is mentioned in the profile as in my case it was clearly mentioned that my 3 years experience was into hardcore Medical Billing. It is also strange to know that once my manager went through my profile why is that he did not educate me stating that this H&B process does not deal anything with a medical billing aspect. Also, how did my manger come to a conclusion that though having 3 years experience with Medical Billing still wanted me to start from scratch with a new process called H&B which does not include any of my Roles & Responsibilities as mentioned in my Profile.

Secondly, I would agree that there was a Project Orientation provided to every new joinee by Sayed however, we were taken through this on a very high level where I was still under the impression that there would be something related to Medical Billing as promised by the HR.

I also agree the fact that I should have come up to my manager and informed him about this after my training period which happened to be on the 3^rd month of my joining. It is then I was given to understand there was nothing related to what I have done in my previous company. I was finally made to confirm on the above during my induction program that Xchanging does not deal with medical billing at all . However, I would want an explanation from all as to why I was put in dark and made to sign the bond according to the company policy and was recruited stating there was a Medical Billing process in Xchanging for which I was selected and also why is that my project leads did not educate me about this in the first place when they went through my profile. I would also want to inform you that this incident has made me waste 6months in Xchanging.

Also, as per the below E-mail could you please let me know as to what my employee record states as it is very strange to know that my sole intention was not to join medical billing project at Xchanging.

Finally, as per the below comment on being silent for 6 months, this is to inform you that first 2months I was not allocated with any work as I was not provided with required client access. I underwent training on the 3^rd month of joining. Therefore, it is not 6 but 3months and please don’t tell me that it is a huge tenure. I am not saying that this process is bad, H&B process is an awesome process to work with in terms of gaining knowledge about risk management services, insurance and reinsurance brokerage etc and awesome work atmosphere is also created by my Team members . The main reason is that I really don’t like to work in this domain and waste my 3 years knowledge what I have gained in medical Billing. This is really sad to know that all the Project Leads in H&B process are just worried about filling my back up and no one is ready to realize the mistake committed by the HR department at the time of my recruitment due to which I am going through lot of stress and strain without any fault of mine. I would also request my Project Leads not to force me to continue with the same mistake for 2 more months in the form of serving my notice period as this is not the right way to run a business where you are only keeping the Company’s future concerns in mind and not bothered about my career one bit.

Just to keep you posted See my track record in my first company I have served 3 years,  I am not a person who keep on jumping the companies for money and gain nothing. So I am not leaving this company for my personal reason, I am resigning because you people did a mistake and hired me to xchanging.

For whatever happened, I am still not saying that I would not serve my notice period. I would still serve my notice period for one month. Therefore, I request you to kindly accept my resignation and relieve me within 03^rd March 2012 as per my resignation letter dated 03-Feb 2012. I would also request you to consider the above and relieve me with the right exit formalities by providing me the relieving letter and all my marks card submitted to the organization while joining.

My question is:

Company is tell me to serve 2 months notice period and pay 50000rs to get my educational documents. i tried my level best to expain & they are not listeinig my words and threating me a lot, so i have deceided i will work till 03rd march as mentioned in mail and go legally to get my educations  documents. so what is the procedure.

Thanks,

gfg

Hi do you need any more information on bond

Please go through carefully service conditions in your appointment letter from the organisation.