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Achieve Ananda   20 June 2016

Can company demand to continue agreement with other comapny

Hello,

I am working for a software company which was a Pvt Ltd company. I have signed with that company for an agreement stating the 18 months of service agreement and a cash deposit of 50,000 Rs in the joint account of mine and Pvt Ltd Company.

A week ago that Pvt Ltd company is acquired by one India LLP company. So now all the assets of Pvt Ltd Company is acquired by India LLP Company. And Pvt Ltd Company does not exist anywhere.

But Pvt Ltd Company has not asked my interest of joining LLP Company and now they are asking for sign a document which states “All the agreements made between me and Pvt Ltd Company applies to India LLP also and I wish to continue to work with India LLP”

Now I am not interested to work for that India LLP Company. So my question is Can I reject the request of Pvt Ltd company to sign continue agreement with India LLP and demand for my money?



Learning

 3 Replies

Kumar Doab (FIN)     20 June 2016

The service agreement was craeted in lieu of wha extar ordinary benefit by the company e.g some training from soem certified Instt. that added to your qualification, skill?

Do you have copy of the demand of the company to sign agreement and deposit cash and receipt of the cash?

Under what duress you had to sign such represssing agreement?

Does the gareement contain any clause that the agreement shall be valid in case the company is sold/taken over?

 

You may show all docs on record starting from job advt,job application, interview call letter, selection letter, offer letter, appointment letter, service agreement  circular of takeover and its T&C , demand letter to sign agreement etc to a very able counsel specializing in labor-service matters

Achieve Ananda   20 June 2016

Yes sir, I have the copy of agreement and Fixed deposit reciept. In the document (which I have signed initially while joining ) no where it is mentioned the name of India LLP. I have signed the bond with Pvt Ltd in 1-10-2015 and its now 9th month of working.

My question is when a company hired an employee under agreement, is it legal to send him to another company with a demand of continiuing his agreement with new company ?

What should I do now to get my money without completing the bond ?(because company which I signed doesnot exist now and I am not interested to work to new company)

Kumar Doab (FIN)     21 June 2016

You have not replied to all points, pointwise.

You may preferably show all docs on record ............. a very able counsel specializing in labor-service matters, for a considered opinion after examination of docs and your inputs.

 

If you are sure that your own interpretation is correct you may write to past employer to pay you the amounts and declare the servcie agreement as dead with end of existence of the company.

 


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