Offer Letter:
The appointment letter shall be given on successful completion of training.
Training was completed.
Appointment letter was not given.
It is a breach by employer of the offer letter.
No figure of traveling allowance, boarding and lodging allowance is mentioned. Neither any traveling arrangement, food, refreshment, training allowance/stipend, laundry allowance was provided. While company can terminate at one day notice employee needs to tender one month notice pr notice pay in lieu of notice. In case of termination by even by employer within a month of joining no salary shall be paid.
The conditions are arbitrary, discriminatory and tilted towards employer, and detrimental to employee.
The company has asked at 1. to bring original testimonials with photocopy, apparently for OSV/verification on the spot and to return on the spot after OSV. Did the employee demand to return originals ever in writing on record to return the originals? Does he have any evidence that company held on to originals without issuing any receipt /acknowledgment and did not return despite demand by employee?
Company has declared that service agreement has to be signed and stamp paper for it has to be brought by candidate.
Since no appointment letter was given, no appointment has taken place, and hence no contractual obligation occurs.
Employer has not issued any employee code, ID card, posting order and no joining at any location has taken place, no joining report has been signed.
Has the employer provided any HR forms etc post completion of training e.g. PF/Gratuity/ESIC/Superannuation/group insurance forms?
Your letter:
No appointment letter has been issued and no posting order has been issued.
“will be posted at one company at,(local) , from 1st Sept.,2012. On 31.08.2012 you told me from 03.09.2012 you are going to post me at Company (local),. But on 03.09.2012 you told me that the said company is not willing to take,”
Which is this first and second company and why these were unwilling to employ the candidate? Are these different companies? Has the training been provided by a company different from these 2 companies? Has the service agreement been signed by a company different from these 2 companies?
“I have to wait further one month and take rest at home till you calling me, and also you were told me that you are trying to post me at Bangalore if possible.” Why should candidate remain idle for one month? Why after completion of training no appointment letter for whole month was not issued? Apparently having enslaved under bond/service agreement the employer is exploiting the candidate. As the original certificates have been retained the employee is being coerced and forced to submit to exploitation and harassment.
If the employer wanted it could have returned the original certificates on any day during training and while employee was clamoring for appointment order, posting and salary and reimbursements.
During this period it seems company has never issued any notice to candidate to join duty …….
In the offer letter no salary/wages/CTC/ Gross pay has been mentioned.
How come this offer becomes sensible and how would the candidate know what compensation package is offered to him although company has declared to deduct statutory deductions of Professional Tax, IT.
Did the candidate submit expenses incurred by him on training for reimbursement? Did company agree to provide imprested cash, advance, and reimburse the expenses?
Service Agreement:
On 23rd i.e. 3days after the date of offer letter {and while in training} company has declared that candidate has joined the company to serve the company on terms and condition mentioned in letter of appointment {date of letter of appointment is not mentioned and as per candidate no appointment letter is issued hence no terms and conditions are accepted. Thus it is breach of agreement by company.} As no appointment letter is issued it can not become a part and parcel of bond/service agreement.
Moreover at 1 it is mentioned that terms and conditions mentioned in this document i.e. appointment letter shall supersede all previous documents issued by company and only one document i.e. offer letter seems to have been issued.
Demand from company the accepted copy of appointment letter be supplied.
Ask your son if he has ever signed appointment letter but did not retain a copy or did the company not allow retaining a copy????? If company did not allow retaining a copy it is another violation in addition to withholding original certificate of the copy.
Another point is that if candidate has joined company on 23rd his wages have started from 23rd however no wages and expenses incurred by candidate have been paid.
Point No. 9 Non Disclosure/Non Compete clause the time period and contents seem to be unreasonable. The company has provided only some training which your son already knew. It seems company has not divulged any sensitive information to your son which can adversely affect the business interest of the company.
What is the training material provided by company in the shape of Brochures, registers, printouts, training manual, notes, PDF files etc? Does your son have it? What is its worth? If yes you may offer to return it under acknowledgment on letterhead of the company under original seal and signature of the company {however keep copies}.
Point No;11; The candidate is rendered ineligible for any increase in wages for 1.5 years. The min. wages should relate to CPI and inflation and employer should provide some increase every year. The whole game seems to be to enslave the employee. Moreover no appointment letter is issued and wages offered are not mentioned in even offer letter.
Hence on what wages candidate is employed????
Salary Package Review is nuisance as no basic salary or wages are made known to candidate.
Clause Number 12: Candidate has been asked to surrender his educational certificates for a period of 2 years.
Clause 14: If candidate was joining duty as claimed by company and its lawyer why company has not invoked clause of absenteeism for more than 10 days. Apparently since no appointment letter, posting order has been issued in writing.
h. breach of terms and conditions of appointment letter. NO terms and conditions exist as no appointment letter has been issued.
It is hugely and grossly unfair, bad on part of employer to having obtained signature on this agreement that is drafted on the basis of terms and conditions of some appointment letter mentioned in agreement however without issuing it.
17. It is confusing as one day notice is set out for employer and not employee in previous docs and conditions.
Since no appointment letter has been issued no termination/notice period/pay clause exists.
Has the employer provided itemized detail of Rs.144000/ it has spent on so called training on employee????
AS employer himself has breached the spirit of so called offer letter, contract/agreement witnesses and guarantors may also withdraw themselves from their liability if any……
You may conduct dissection and postmortem with your son and seek advice of your lawyer however bring the matter to its logical conclusion and do not give any breathing time to employer.
Letter of the candidate to company: It could have been drafted better. However now cover all points in subsequent representations.
Reply of your legal notice: Does your son took any test during training and does he has copy of scores given to him? Company may be asked to produce original answer sheets, to substantiate the claim that performance was not up to the mark.
Has the company mad the offer/posting order at Banglore in writing and has it obtained acknowledgment from your son? Such orders can not be verbal.
Has the company cancelled the posting order at Bangalore in writing and issued fresh order for Belgaum in writing?
5. The contract is built on some appointment letter which has never been issued. The agreement should be declared unfair, bad, void, and even illegal.
6.You should be able to establish that you have been clamoring to get your certificates. If employer had collected employer should return and offer to return and make a clear, specific communication by an effective mode of communication e.g. email, redg post etc.
On the contrary employer has collected these doc s as a collateral as per clause 12 of the agreement. {Has this lawyer drafted this agreement and has been paid for it. Check it out and transfer some onus on this lawyer also. Make a reference to his sanad if possible as per your lawyer. Let him feel some heat.}
Employer {MD as referred to by this lawyer} has rather breached the contract.
How many other employees are facing such situation? Does this employer {MD} is in the habit of extorting candidates in the same manner?
All of such aggrieved parties may join hands and blast this company and MD.
IN a given situation employee can invoke the provisions of SE Act, Factory Act, IESO Act, ID Act, Payment of Wages Act……etc as per explanation of employee under these enactments or agitate in civil court, and can invoke provision in civil and criminal law.
Companies burn extra energy to subdue an employee to feel that he is not a workman however your lawyer may opine that your son was a workman. Labor laws limit the choice to employer.
You may organize in a manner that you are able to collect original certificates from company and let the employer make statements during meeting in the presence of some reliable witness that no appointment letter was issued etc {record such transaction audio/visual. Mobile comes handy.}
Kindly consult your lawyer and proceed under expert advice of your lawyer.
You may find the attachments useful.
Valuable advice of learned experts/members is sought.
