H1b agreement

Repeated Query:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=85682&offset=2#.VV8ftFJ-hkg

You have not responded in other thread………………………….e.g. “The agreement is founded on advanced courses of IT!

Has any such course been conducted?”

If there is no VISA thing mentioned in it then it is not applicable to you.

If you were sent abroad for company’s work then the money was to be spent by the company and this investment or expense was to be born by the company. Hope you have record of work done and revenue generated by you.

 If NO training was provided to you then no cost for training is applicable to you.

If any training that does not add any extar ordinary qualification or skill to employee from some certified institute then no cost should be claimed from employee…………….Any training that is given to handle the counters of the company/work of the employer  is to be provided without any cost to employee.

If the contract was for 2 years and 2 years have expired then contract is not alive and hence applicable.

Service certificate has to be given to all employees.

Relieving letter signifies that nothing is pending at the end of employee.

If nothing is pending towards you then relieving letter has to be supplied to you.

You may reply pointwise to following points:

What is this establishment: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many persons (total) are employed in it?

The Redg Office,Corporate Office of the company, and your reporting office is located in which state?

What is your designation and nature of duties?

Do you have copy of HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter, communications sent to you before and after signing the contract that you have metnioned, copy of the contract (Is it same that you have posted in other thread?), resignation,acceptance, declinature to issue service certificate, demand of monies from you,FnF statement etc ?

Did the company ever amend the notice period in writing and did you accept it? Or has the company stated that service conditions shall be governed by say...................HR policy that can be amended from time to time, and is this HR policy availabel on some shared/intranet/Employee/HR portal::::If yes downlaod the latest version at once (screenshot with weblink) showing date/time of downlaod etc.

Do you have any power to sanction (not just recommend) leave/increment/appointment/termination?

Does company have its CO (certified standing Orders) and is your designation covered by CO? Or do Model Standing Orders apply to it?

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

Thanks for your feedback.

If it is okay i can paste the contract in this forum.

What is this establishment: Commercial,Industrial? Commercial

What is its line of business:IT,ITeS,banking etc? IT and ITES

How many persons (total) are employed in it? 10000+

The Redg Office,Corporate Office of the company, and your reporting office is located in which state? Karnataka.

The agreement has a term called as liquidated dmaage mentioned in it.

Though my basic querry is : Is it legally correct to ask an employee to sign an agreement (with terms like investment, liquidated damages) and then only file H1B application. Most importantly, there is NO specific mention of H1B or VISA in the agreement. If the employee changes job willfully in 24 months from date of agreement, he  / she has to pay the penalty.

Thanks again for your time.

You have already attached the contract in other thread initiated by you and it has been responded.

You have signed the contract by your free will.

If the contract is signed for some contracted reason/purpose then it is limited to that purpose only.

There are many IT/ITeS employee's unions now and that have affilliated with Trade Unions and Trade Unions are willing to embrace employee's from your sector. Employees at all levels should unite.United employees can negotiate service conditions etc much better and defend themselves from exploitation.

Then there are Labor Law Consultants/Law firms that can help.

You may aproach your counsel in person.