Employment agreemant

srikanth (Querist) 10 August 2010 This query is : Resolved
Hi all

This is happened to my frnd he is not understanding what to do..pls hep...he completed his CSE in 2009..by looking in to paper add, he joined in firm(where the firm stated in paper.. that salary is 16000pm in 1st year and 2nd year 20000pm)now they are not paying any salary to him and what they are saying is they will assist in placements and if one selected in placements then only they will pay the said amount...As per agreement if the guy left after the period of 4 months after training period he has to pay 100000/-for violation of agreement..till now they didnt assisted any placements...can there be any pre employement bond like this...if he left that firm will they sucessed legally... pls help on this

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Devajyoti Barman (Expert) 10 August 2010
Is there a time limit for placement or the ad was regarding the job itself? If it was regarding appointment in a job and it fails to deliver then your friend can leave that firm without fearing for penalty. It is similar if the period fro giving job expires.

Guest (Expert) 10 August 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
E.MAIL.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE EMPLOYMENT AGREEMENT KINDLY NOTE THAT.

1.AS PER AD YOU APPLIED AND SIGNED THE AGREEMENT BUT THE OTHER SIDE IS COMMITING BREACH OF TERMS OF AGREEMENT AND NOT PAYING YOU SALARY AND MAKING PLACEMENT OFFEER.
2.THIS IS BREACH OF AGREEMENT AND HENCE YOU MAY SEND A LEGAL NOTICE TO THE OTHER SIDE AND MENTION ALL FACTS AND DEMAND THE SALARY OR COMPENSATION FOR BREACH OF AGREEMENT.AND GIVE NOTICE FOR CANCELLATION OF SAID AGREEMENT.
3YOU HAVE TO FILE A CIVIL SUIT FOR BREACH OF AGREEMENT AND CAN CLAIM SALARY COMPENSATION AND DAMAGES AND COSTS.
KINDLY SEND DETAILS FOR FURTHER HELP .
GOOD LUCK.

R.Ranganathan (Expert) 16 August 2010
you have not provided the complete details of your employment, what papers you have signed while joining the company. Paper ad is different. Everything will depend on what you signed while joining the firm. But anyway you are entitled to salary. If you are not paid anything then leave the firm and don't sign on any papers. File a case for salary before the Labour courts/Tribunal.

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