legality of employment contract signed on company letterhead

such kind of contracts are not compulsorily registrable. So you can initiate appropriate legal proceedings to recover the amount from the employee.

I agree with Mishra's point on stamp duty. However, the notice period of two months for a probationer is not sustainable and hence cannot be enforced. For a probationer reasonable notice period would be not more than 15 days.

vasudevan

Both of them have given correct reply as per my opinion.

Your company might have had oral discussions with this empoyee and he might have given representations to the office.

Possibly these are being ignored for enforcing the conditions in appointment letter.

The employee seems to be informed one and properly adviced.

If you feel you may have a word with him.

The company has a salaried employee for each task and onus of enforcing the set rules fair or unfair rest upon professional judgment of the indivisual occupying the chair.

Companies do decide to forgo the penultimate, unfair, enforcements where they feel they shall loose and where they fear loss and wastage and bad image.

Hi all

Thanks for the responses , In the IT industry it takes two months to hire an employee, many companies even have 3 months notice period, the notice is required in the probation period as replacement is not possible quickly and commitments to clients are there.

The instances of people not turning up on the day of joining , disappearing without notice or switching jobs frequently is increasing day by day. IT Companies are having a hard time dealing such issues.

The forum is for healthy discussions.

Learned Mr. Vasudevan has clarified the sustainability.

The employee is already under the wings of a competent lawyer determined to check the company and protect his client.

Further action may fetch bad will to company and executives who shall peruse the action.

Probably the company/executive wants to advertise the action to deter other employees.

Let us look at the issue from all possible angles.

Recruitment and Retention have become difficult because veil has been lifted and now the employees also know:

-rolling stone has more mass.

-still waters run deep.

And the difference, therefore they don’t marry the company.

The parent does not deny the natural responsibility and spends his life's savings, hard earned monies on the education of the child so that he/she is professionally qualified and ready to take care of his natural responsibility towards family and parents.

There were limited institutions. MBA/MCA was for a few.

Now there are factories termed as institutions to ensure steady stream of professionally qualified persons to be ready to go to vacant seats of companies and fetch profits for them and earn salaries for them and their families. There is one a cost centre and one a profit centre. There is one a cost centre and one a profit centre.You spend in lacks to be a MBA/MCA

In how many years person can obtain amount equivalent from salary of spending on education+upbringing?

The employee faces hugely selfish hierarchy, atmosphere, and job contract highly weighed towards the employer and in many cases, coercion, harassment ,threat, stretched work hours, and being chased on phone even during off hour’s airtight processes applicable to the employee. For the employer all of this is fair. And for the executive in chair this is learnt and practiced as a part of the job, by free will or under compulsions of job without any feeling of guilt.

Even in top brands, the job contracts with bonds are framed in such a manner the employee will end up paying to the company rather than taking away. Employee shall feel that he/she is being charged even for breathing in the company premises.

Employee finds environment entirely different from what was advertised to lure the candidates.

The natural responsibility of the employer is ensuring healthy and encouraging environment for the employee to stay and perform. Majority of the employers and their HR teams fail to achieve this. There is one a cost centre and one a profit centre.

Then there are examples of the employees who exit in proper manner but have to, or are made to clamour for getting their dues.

The employer tells you sell even if you have to missell. The employee is convinced the product of the employer shall fetch huge profits for employer and he shall have to missell to sell.

A smart executive is the one who builds his/her following and can move the manpower with him/her, when he/she moves to next venture.

People do follow good leaders. One should become a good leader from 1^st company and in all subsequent ventures he shall become a seasoned and polished leader and manpower shall flock with him.