Service agreement

If you are satisfied in the present employer/KPO and want to continue there is no harm/adverse consequency in signing 2 years contract, otherwise you shall have to suffer consequencies which will be against your next job/assignment/employment 

Can someone please help me understand "THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976".

I am working for this KPO company for past 6 yrs and now signing contract when they are giving me transfer to other department is not justifying any reason.

I am really confused as to shud I sign this contract or challenge them. I have simple logic that I have served my tenure with honesty then why to sign contract.

I will really appreciate if anymore suggestion on this type of contract.

Thanks and Regards,

Gurmit Chadda

@ Gurmit,

Your Endeavour to initiate this thread before blindly signing on the service agreement is appreciable. “Hesitation is the first enemy to conquer in order to achieve your growth. If you require assistance now it is only a starting trouble. “

An employee should not sign on dotted line until he/she has consulted and full implications are understood. There are many threads initiated by employees who have suffered from service agreement/bond.

The service agreement copy should be studied carefully in consultation with elders of family, competent and experienced well wishers, trained legal mind/lawyer/law firm and this agreement should be negotiated to the best of your advantage. Is the company willing to let you carry the soft/hard copy of the agreement to home to enable you to study it carefully and make up your mind? It shall be appropriate for you to demand in writing ( with a copy to you) a soft or hard copy and at the time of signing it if any variance is noted you should gently point out in writing, and demand more time to respond. If the total agreement is detrimental to your interest you can lodge your humble dissent in writing, under acknowledgment, and maintain a copy. If some of the conditions are in violation of your rights and/or are not acceptable to you, or if some clauses are such that you would like these to be modified you should state so in writing under acknowledgment and with a copy to you. You should maintain complete record.

The company at the most may ask you verbally or even in writing that without the agreement (original or modified with your consent) you can not be allowed to function in new vertical and may give suitable reasons to protect the interest of the company, and in such case may not let you to be in new position. If the company and promoters/line management/HR are sensible and professional this may be the maximum they may do or and/or may coerce/force you to separate.

It shall be appropriate to look for alternatives and firm up future ventures now, and remain vigilant and do not leave any room for company to charge you on any count. Do not lower your guard. It shall be better to separate with a good note and join at a better position with a better company.

In your trade, it appears service agreement/bond are a common practice, so what if your next employer also asks for these? Therefore you should either remain in the same vertical or negotiate the conditions or buy time and move ahead.

 After 6 years of service you are eligible for gratuity. In case you breach the conditions of service Agreement Company may block your documents and payouts and you may have to proceed legally which may be stressful for you. If you protest company may resort to tactics including bad reference check.

Usually in the appointment letter it is mentioned that employee shall adhere tot he terms of employed expressed in the employment contract and introduced during the tenure of employment. However it can not be read as employee shall have to mandatory sign a service bond. Any new terms, condition, clause is subjected to acceptance in writing by employee. While vide appointment letter the terms may be employee shall retire at the age of ...............years, termination of employment at the bonds can be by way of notice of ...........days or notice pay  in lieu of notice, in case of service agreement overriding conditions shall become effective e.g. employee shall have to remain in employment for .......................years or shall pay liquidated damages/penalty of Rs..............and employee may have to get the agreement signed by sureties/guarantors owning the liability of agreement/bond. The conditions of such agreement may be harsh and penalties may be huge. Kindly note that if the conditions in the bond/agreement are arbitrary, one sided, unreasonable employee can contest, and a competent and experienced service lawyer can help you.

In today’s business environment employee should remain amiable, avoid emotional outburst must acquire exceptional levels of rapport building, persuasion, persistence, and negotiating, reasoning skills and apply these successfully, to resolve the issues while in employment, within the company.

Hello

If you are agree with your current kpo employer then  continue if not then go to try the next job man.

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