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Kishan (Software Engineer)     22 August 2013

Exploitation in an mnc

HI All,

Currently m working as a Software engineer in an MNC .

Let me start from begining. I joined this MNC on December 2010 as a trainee.I worked as a trainee, without any stipend in the post of Network Trainee. Then after 8 months they confirmed my employment as Network Engineer with the payroll of 2lacs/annum on September 2011. After working for 6 month as network engineer I request HR to move me infrastructure to Software department , which was happened but they stopped my salary saying that you have to start from the beginning now.I agreed for this as this was my own decision(but after some time i came to know that this kind of inter departmental changes have occurred earlier as well and no pay or anything was stopped for those employees). Now from march 2012 my salary  got stopped and agin i was put as software trainee in the same company and help with the position for onewhole year and on 1 Jan 2013 they again confirmed me but this time they put an Agreement on a stamp paper for one year.This agreement was one- sided i.e. if in case i would resign from my service il have to pay 70000 to the company and if company want it can fire me any time without any prior notice. Now after 5 Months i got some health issues so I resigned from the company and was on bed for one month,but my company told me that  either pay 70K or il not get my reliving letter. After one month when i recovered from my illness my project i called my project manager to for Joining back. And he verbally promised me that the company will show it continued service. Now when i again joined here , the HR is saying that we cannot show it continued service and now you have to join as a fresh employee. When I asked them for my previous experience letter , they told me that you will get it after paying 70K and also you have to sign a new agreement for one year.

Now in such a case what should i do????

M seeing myself helpless as i cant go against them as it will cause me loose my job and if il not go then my previous experience letter will not be given to me.

Please suggest

 

Thanks in advance



Learning

 6 Replies

Advocate Friend (Assistant Manager - Legal)     23 August 2013

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 .............

Kishan (Software Engineer)     26 August 2013

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)

Advocate Friend (Assistant Manager - Legal)     26 August 2013

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.

Advocate Friend (Assistant Manager - Legal)     26 August 2013

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. 

 

Kishan (Software Engineer)     28 August 2013

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..??

Advocate Friend (Assistant Manager - Legal)     28 August 2013

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.


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