Contract with an employee

Sir,

My email id is pankajdev01@gmail.com. and my ph number is 09781125339. Sir I belong to Pharma sector.

Thanks for your moral and proffessional support.

Regards

Please check your mail.

Sir,

I m sending scan copies on your mail id. Kindly check. dnt want to disturb you. but having no other option.

regards

It shall be better if you start a new thread.You may attch the copies with your post, in the thread. Thus you shall have the advantage of getting advise from many of the experts/members.

Kumar Sir,

Good evening. Sir I had put a thread er, but not got appropriate advise. Thats why I consult you. If possible can you made a statment for me? which will be understand by the other expert of this forum. Giving you one more headach. i am sorry.

Your concern is :

-Fixed liquidated damages of Rs.20000/. Has the company deducted this amount in FNF statement?

-You were asked to attend a training programme for which you were paid only an allowance/day and no salary. This training programme was for products of the company and it was not any specialized training which would add to your skill or qualification.

A company can not claim refund for product training. It is common sense that employee shall not pay for knowing the products marketed by employer.

It is also by common sense that a pharma company does not grant any specialized field training to a Area Sales Manager or a Regional Sales Manager Rather ASM/RSM gives field training to his team members. Should the company pay ASM/RSM for imparting this training? No company pays for such training.

If any Zonal Sales Manager comes for field work in Area or Region of ASM/RSM, he does so as a part of his job and he is not paid any extra  fee for conducting training ( nor does his visit amount to training) by the company therefore how the company claim any amount from ASM/RSM.

During the training programme you were asked to tender resignation from previous employer and it was collected from you and posted by current employer who was conducting the training programme. It appears the resignation was with immediate effect without any notice so previous employer must have deducted notice pay and current employer conducting the training programme has not compensated you for the loss of notice pay.

After the training you were asked to report at your head quarter after a week. For this interim period of one week also you were not paid any salary.

If company has terminated your services and order is bad you can contest it at your last Head Quarter.  In case of termination notice pay is to be paid by company. If company has caused forced resignation it is deemed termination. Sales Promotion Act is applicable to Pharma employees. An  experienced personnel can build your case.

It is believed that you have received enough inputs for your case.

It is reiterated that if you are not able to handle your matter on your own you may take help from your parents, competent and experienced well wishers, some known union leader, trained legal mind/labor consultant/lawyer/law firm at your location

Dear Sachin,

The replies to queries in brief are as follows:

1) Cannot resign within bond period.

2) Terms of the appointment are in favour of the company. The company can terminate his services without one month's notice, but by compensating him with one month's salary in lieu of notice period.

3) Verbal notice has no validity.