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Tejaswini (TA)     10 February 2015

Employment situation

The employer is an MNC, which has the headquarters in US and operates in India. While a work visa was processed and employees are sent to US for a pure project purposes, the company gets a signature in a "Training agreement" stating that upon my return after training, the employee is supposed to serve the company in India for xx months or need to pay xx lakhs. The first page of the agreement has the 20 rupees stamp. My question is, what are the legal consequences if the employee quits the company in US?



Learning

 4 Replies

Jayashree Hariharan (Advocate)     10 February 2015

You will have to refer to your company policy.

Legally, they can file a case against the employee and ask for recovery of money spent plus compensation.

praveen kumar (LEGAL MANAGER)     10 February 2015

Agree with expert . additionally.. they can ask you to pay ONLY if they trained you and expenses were incurred by your company in imparting technical training to you if it is a 'Training Agreement"

Tejaswini (TA)     10 February 2015

Thank you Mrs.Jayashree and Mr. Praven Kumar for your replies.

Actually, Employee's knowledge towards a proprietary tool is used for development of project at onsite (US). There was no training given to develop the skills of the person. The company wants the people to work back in offshore (india) upon return and it is faked under "training agreement" which is actually a bond.

Kumar Doab (FIN)     15 February 2015

A similar query is being discussed at another thread:

https://www.lawyersclubindia.com/forum/Us-visa-bonds-116550.asp#.VODCtIKqqko

The training that is provided to employee to manage the counters/work of employer should be without any cost to employee.

The employees in IT/ITeS sector are themselves responsible for their plight as they felt that unions and unity is not for them and becoming member shall lower their status.

The employees that are not united are like sitting ducks and are susceptible to exploitation.

The united employees in your sector have done many goods jobs.

 Young Tamil Nadu Movement(YTNM) 

Forum for IT Employees (F.I.T.E) brings together employees of various IT and ITES companies. 
Platform to speak out 
https://fite.org.in/contact-us/

https://www.fite.org.in/

LabourStart logo. 
Where trade unionists start their day on the net. 

 

Trade unions urge IT employees to sign up

New Democratic Labour Front (NDLF)

IBM Global Union Alliance

National confederation of ITeS employees’ unions launched

information and communication technology (ICT) employees 

National ITeS employee unions' body

IT and ITeS Employees Centre (ITEC)

Trade unions in Indian IT industry

TRADE UNIONISM IN INDIAN BPO-ITeS INDUSTRY:

Union of It & ITES employee


https://www.facebook.com/AgainstTCSLayOff

https://www.labourstart.org/india/

https://www.thehindu.com/news/cities/chennai/trade-unions-urge-it-employees-to-sign-up/article6773788.ece

https://itnitesunion.wordpress.com/

https://www.thehindubusinessline.com/features/smartbuy/tech-news/national-confederation-of-ites-employees-unions-launched/article6648709.ece

https://www.business-standard.com/article/companies/national-ites-employee-unions-body-114113000764_1.html

https://www.itecentre.co.in/node/88

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/252555260.html

https://www.isleijle.org/ijle/issuepdf/0450c1fc-ea44-4cc6-a12b-b2235839ae55.pdf

https://www.facebook.com/pages/Union-of-It-ITES-employee/180803218772401

 

 

State of Karnataka has made it mandatory to have GRC (Grievance Redressal Committee) in each company that would have equal number of representatives from employees.

ID Act already has a provision for ‘Works Committee’ and this committee is an authority under ID Act and has President from Employee’s side.

THE INDUSTRIAL DISPUTES ACT, 1947 : CHAPTER II: AUTHORITIES UNDER THIS ACT: 3. Works Committee.

 https://pblabour.gov.in/pdf/acts_rules/inustrial_disputes_act_1947.pdf

 

 

You may Discuss in person an able Labor Law Consultant/service matters lawyer/law firm with all docs on record.


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