ClauseNo: You have to necessarily clear test L1 in a single/first attempt.
Clause No.11: Your services are additionally subject to terms of the service agreement.
Clause No.21: You can be transferred.
Service Agreement: 9.5:”Employee unconditionally and irrevocably agrees to direct and authorize the bank to act on the instructions of the employer without going into any details………………..without any reference to the employee………..valid and effective discharge to the bank”
Clause No: All allowances, salary paid is also mentioned as a component of claim.
Clause:9.7: is Surprising.
This is one sided agreement and takes us back to the feudal era of “Sahukar”
(Moneylender) whereby by obtaining Angootha (thumb impression) on Bahikhata (Ledger) would enslave the citizen and his future generations.
The question arises can bank approve of passing such an agreement and be party?
The company has mentioned in the agreement that scope is not limited computer time, instructor time, supervisory time, etc.
“Now when I asked the company HR for the NOC to withdraw the Amount, HR says As per the policy, you have not completed the agreement period.
Principle FD amount will be recovered by the company and the interest
amount will be paid to you.”
This reply of HR is in line with agreement signed by you.
You have stated “as i havnet taken any trainings and used any company resources.” The answer lies in your very own statement. You may submit a representation in writing and submit under acknowledgment by Redg. Post, addressed to the good offices of your appointing authority, MD, Chairman, Company Secretary, and seek a reply in writing by redg/speed post, hoping that the sense may prevail.
You may apply your goodwill, rapport, exceptional levels of negotiation, persuasion, persistence, reasoning skills and hope to get a waiver. You may follow up by email with a copy to you and attach scanned image of your representation.
You may seek legal opinion from your lawyer as you have claimed no training is provided, therefore can you mark or supply copies to witness(es), guarantor(s) if any , and they write to company expressing cancellation of their witness and guaranty as no training is provided which is essence and ground of agreement.
In case the gentle representations fail, you have to agitate and would require a lawyer.
If you do not represent employer may construe it as your acceptance to FNF settlement.
As you do not wish to surrender the amount of FD, it shall be appropriate to approach a competent, smart, experienced service lawyer as ap and let your lawyer structure your representations, build record to support you in the long run.
You may submit notice of resignation addressed to the good offices of your appointing authority, MD, Chairman by redg post, followed up by email with a copy to you and manage to obtain acknowledgment and acceptance of your notice of resignation, and final resignation and request the good offices to vacate the lien on FD.
You may submit a notice to the BM of the bank, nodal Officer, Chairman of the bank and lay claim to the proceeds in FD and prohibit the bank to release the proceeds to company until or unless you submit your written concurrence. Let your lawyer structure and draft this notice.
You must take your next employer in confidence and appraise in writing even if by email, and build a relationship strong enough so that the new employer does not desert you in case current employer writes to new employer. You may inform new employer preferably in writing even if by email, that you can provide only copy of resignation and its POD and your current employer may not issue acceptance of resignation, relieving letter, and you may be appointed on the strength of copy of resignation only.
It is difficult to understand why an employee would want such an employment.
In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.
Employee should always consult elders in the family, competent and experienced well wishers before taking a decision and signing on dotted line in haste.
In majority of the states IT companies are exempted from Industrial Employment Standing Orders Act. You may check it for your state. There is publication that state of Karnataka is doing away with exemption. The vote bank strength of employees which is huge can force other state governments also to withdraw the exemption. Employees should join hands and peruse thru the elected leaders starting form area councilors to top and make it happen. Employees in your sector should join hands and form unions.
Companies grant fancy designations and strive to keep the employee under impression that he/she is not a workman as many enactments applicable to workman limit the option to employer. However designation alone does not decide employee is a workman or not.
2 months notice period during probation seems to be unreasonable. It is felt that for 6 months you were kept as trainee and no notice period should be applicable to trainee.
You may refer to SE Act applicable to your state and refer to the clause on Notice of Dismissal. You may find notice period mentioned as 15 days/1 month. As per SE Act service certificate, which is government version of relieving letter without any scope and column for adverse comments, should be issued by company to employee. SE Act may come to your rescue. Bombay SE Act is enclosed.
