Bond type statment
Querist :
Anonymous
(Querist) 17 December 2011
This query is : Resolved
Sir, i was an employee of public ltd company of pharma industry as a deupty regional manager. i got appointment letter in two parts. one part was printed and having same rules for every one. in those rules company mentioned one point that if you leave the company before two years, you have to pay 20000 rupees as liquidation charges, which company spent on me during training, Sir training period was not included in the appointment letter started my first joining day after complition of training. During training time I didnot stay in company's guest house as they didnot booked any room for me. i stayed with my relatives. on the 7th day i came back from the training where as they want to retain me for 10 days. they provide me just 2110 rupees for 7 day stay and took voucher signed by me. Now I had left the company after 4 month job and in the sattlement they deducted 20000 rupees from my salary and expanses which i done from my pocket. I have my appointment letter with me. I can send copy of that. But this point mention only in single line and also referd in my other appointment letter which is on company's letter pad in single line but not mentioned the amount. they have taken my sign on both the letters
Kindly guide me what to do for this.
Regards
V R SHROFF
(Expert) 18 December 2011
You agreed to pay 20k for liquidation chg if you leave . You Left. You became liable as per ur contract.
mahendrakumar
(Expert) 18 December 2011
yes,since you signed means,you have consented for the same.
so you were liable to pay.
Devajyoti Barman
(Expert) 18 December 2011
Though after signing any agreement you are are bound by its terms, the moot point is whether the terms of the same is applicable to you or not.
Have you got any training from them?
Have there any clause about serving for any particular period after which only you would be inducted?
How much was the spending of the employer on you for your training, if any?
All these factors are really deciding one to determine whether you are bound by its clause of liquidated damages or not.
Guest
(Expert) 18 December 2011
Besides the amount of Rs.2110 paid to you by the company, you should not forget about the indirect cost of training, i.e., the cost of establishment, trainers, infrastructure and several other things, which the company spends on an employee. Rather, I feel you are quite lucky that you have to pay merely Rs.20,000 only, whereas several companies slap the deserting employees with hefty amount as bond amount on their leaving the company.
Raj Kumar Makkad
(Expert) 18 December 2011
It is futile excercise to raise questions upon you like: why did you sign your bond paper/first part of your appointment letter containing the term of bond etc etc.
Now question is very limited. As you have already signed your relieving papers without any objection/protest, you have no legal right to raise your resentment against your ex-employer now. Nothing can be done as on day given the facts and circumstances of your query.
Querist :
Anonymous
(Querist) 18 December 2011
All Respected Sirs,
Thanks all of you for your valuable advise,realy i feel very upset that as an Indian, I am unable to take any kind of action. I would like to tell all of you that i raised objection before signing that paper. But that manager assured me that deduction will not be made.
Secondly, I am already a proffesionalin my job. The company has provided me training for thier benifts. I did not benifited with that training proffesionaly or personally.
Sir,Third point, I had already mentioned that training period was not included in my service tenour. after 7 days I went to feild and the day i started feild work that was my first day officialy. And I did not received any salary during training time, so I was not the employee of the company during that time.
Fourth point is, it is one sided bond line.
Fifth Point is, The clouse is not mentioned in offered letter.
Sir, last point is they didnot give me training alone, 20 people were there and they didnot hired any staff from outside. The people who was there on behalf of training were companys emplayees only. So if we calculate aproximately 5 thousand was the value, i am talking in upper lavel, could company has spent on me. Its for devajoyti Sir.
I have to sign the appointment letter becouse at that time I was having no any option left, as this organisations HR manager had already taken resignation from all the people of thier last company during training time. Its 4 th day when he asked we people to submit our resignation with him.
Sir, now you can guide me more effectively. Can I go for any legal action.
Sir, kindly reply tonight only, becouse tomorow i have decided to take legal action after your advise.
Regards
Querist :
Anonymous
(Querist) 18 December 2011
can company show me an employee during training time. no they cannot. and they didnot provided me any feild training. so as per my thoughts nd knowldge, company can only claim lequidation charges, if they provide me training during my employment time with them. After that no training has been made by organistion. Even I trained my subordinate managers and other feild staff two day feild training to 9 people.
Querist :
Anonymous
(Querist) 18 December 2011
Kindly reply and guide me last time.
Guest
(Expert) 18 December 2011
If you received only training allowance, not salary of your post, during the induction training, you were not an employee of the company. The training in that case would be a sort of pre-employment induction training.
Querist :
Anonymous
(Querist) 18 December 2011
Thanx Dhingra sir,
In dat case. becoz now u got the point. can i fyt in dat case? and how plz guide.
I will check ur post before leaving about 9.30 am. sir, its not a question of mare 20000. its question of crores and crores of other employees. I had worked with honesty nd with full dedication. Its a question of that also.
Kindly guide me.
regards
mahendrakumar
(Expert) 19 December 2011
I feel,it is going to be a futile exercise,considering the amount is only Rs.20,000.00 and time and amount in running a case like this.
prabhakar singh
(Expert) 19 December 2011
Such non obstinate clauses may be validly incorporated in employment agreement where under an employee may be put to some restrictions imposed upon defaulting which quantum of damages can also be decided under the terms of contract.you may refer to a case law,Niranjan Shankar Golikari vs The Century Spinning And Mfg. Co. ... on 17 January, 1967,which still holds water[1967 AIR 1098, 1967 SCR (2) 378]
The amount involved is too little to litigate if you compare it with time money and energy to be consumed in courts,the return even after success [though chances are bleak]would be so less comparing the investment that any decision on economic front may not be prudently advisable
to be taken.Rest is your sweet will.
Querist :
Anonymous
(Querist) 19 December 2011
Thanks Prabhakar sir for your kind views,
Sir, I dnt want to let my hard earned money go if i worked with honesty and full dedication. I want to fight for it, whether it will be time consuming or money. I want to fight becouse its wrong.
Sir I want to ask you one question, is employment letter consider as a contract or an agreement?
I REQUEST ALL OTHER EXPERTS KINDLY HELP ME TO FIGHT AGAINST THE ILL DOING BY THE ORGANISATION. THOUSANDS AND THOUSAND PEOPLE HAD GOT SUFFERED BECAUSE OF THIS WHO WERE EMPLOYEE OF THIS ORGANISATION. YOUR GUIDANCE AND KIND VIEWS WILL SUPPORT ME, ENCOURAGE ME TO FIGHT AGAINST THIS.
Regards
Querist :
Anonymous
(Querist) 20 December 2011
Sir,
any advice from all of you in single line is very much appriciable from me nd my team mates?????????
Regards
