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Manjeet Singh (Trainee-drug regulatory affairs)     28 April 2012

Job bond is legal or nor

HI, I joined a company in Sep 2011 with a job contract of 2 years as a Trainee- Drug Regulatory Affairs. Company comitted me that they recruited me in area of interest and they gave me the Designation as per my profile but after 3 or 4 months they want to switch me in QA department with same designation. but 7 months i resigned from the company and they warned me that they suit against me. Is this legal? PLease tell me.

 

 

Thanks



Learning

 6 Replies

Kumar Doab (FIN)     28 April 2012

You have posted :

--"I joined a company in Sep 2011 with a job contract of 2 years".

Is it contractual appointment for a limited period? or Is it fixed term appointment? If it is then why there is a bond?

--"I joined a company in Sep 2011 with a job contract of 2 years as a Trainee".

Has the company provided any training which added to your skill or qualification?

Are you appointed as an apprentice? Is your position declared as Trainee as per standing orders of the comapny?

--"Company comitted me that they recruited me in area of interest and they gave me the Designation as per my profile'. Do you have any written record or any evidence to prove that there was an under standing to keep you in a particular area of interest/dept.

Company can shift the employee to any dept. Majority of the employer express it in appointment letter.

Kindly show your appointment letter, certified standing orders, to a competent and experienced service lawyer.

Elango Pugazhendhi (MBA Student)     29 April 2012

I worked for BEML Ltd. Bangalore as an Engineer Grade-II,  from march 2010 to June 2011,

and  i was under a bondwhich states that i should serve for a minimum period of 3 years after 1 year of training but, no confirmation was given to me after 1 year during my tenure, and i got selected for an MBA course at trichy, i approached with my resignation but shockingly they have given me a reply that i must pay Rs. 2Lacs + serve three months notice period or else pay that also, after several requests made by me to the management was rejected , i have no option other than to pay the amount and founf previous collegues who left paid by pro rata basis, and requested the management , then they accepted and given a reply that i would pay 1.5 lacs plus serving for three months, which i piad and served for the period,
 

I have all the copies of the communications made by me with the management undersigned, and i want to get my amount back, cause i'm studying under 6 Lacs loan from Syndicate Bank

I request members of the lawyersclub to give me an solution in how to go about it with the fee details
Elango Pugazhendhi
from Vellore, right now in Chennai
Mob-9489002548

Elango Pugazhendhi (MBA Student)     29 April 2012

 

I worked for BEML Ltd. Bangalore as an Engineer Grade-II,  from march 2010 to June 2011,

and  i was under a bond which states that i should serve for a minimum period of 3 years after 1 year of training. but, no confirmation was given to me after 1 year during my tenure, and i've got selected for an MBA course at trichy, i approached with my resignation but shockingly they have given me a reply that i must pay Rs. 2Lacs + serve for three months notice period or else pay the amount for notice period also, after several requests made by me to the management was rejected , i have no option other than to pay the amount, from the employees who resigned from BEML in the simila r fashion i've found they paid the bond amount by pro rata basis, and requested the management for the same , then they accepted and given a reply that i would pay 1.5 lacs plus serving for three months, which i piad and served for the period,
 

I have all the copies of the communications made by me with the management (undersigned), and i want to Money back, cause i'm studying under 6 Lacs loan from Syndicate Bank

I request members of the lawyersclub to give me a solution on how to go about it with the fee details
Elango Pugazhendhi
from Vellore, right now @ Chennai
Mob-9489002548

Kumar Doab (FIN)     29 April 2012

It is felt that you could have contacted a competent and experienced service lawyer before starting written communications and paying.

Did the company mention in their advertisement that candidate shall have to undergo training for 1 year and shall have to sign service agreement/bond?

Was it mentioned in your appointment letter/service agreement that you need to complete training for 1 year? And/or  successful completion of training you shall be offerred regular appointment. Was it mentioned that you shall be on probation period for...........months?

It is felt that training provided by the comapny is ground for service agreement/bond.

If you were to be confirmed in service after completion of training, then you should have submitted a  representation under acknowledgment that although you have successfully completed training your service are not being confirmed. Thus you could have started building a ground.

If you have mentioned in any of your communication that you have been selected for MBA prgramme then you have provided a ground to the company to enforce the conidtions of service agreement/bond.If no appointment letter expressing notice period applicable to you, is issued to you and accepted by you then there should be no notice pay applicable to you. Company might have indicated the notice pay applicable to you verbally as per its standing orders.

It is felt that you may approach a competent and experienced service lawyer with all documents and records and give inputs in person. Your lawyer may be able to find some scope of relief to you.You need to settle the fee yourelf with your lawyer.

Elango Pugazhendhi (MBA Student)     29 April 2012

yes i have started with a resignation mentioning that i've got selected for pursuing my MBA with the college name and all the relevant documents, the next reply from the management was to pay 2 lacs and to serve the notice period, parallely i've sent a request to grant me study leave for two years, but no reply was given for that, even sent  a request for the reply, but there was no reply. time was running out and i have no other option other than to request for a pro rate basis (got  info from previous BEML engineers who left) and with that  got the amount reduced to 1.58Lacs.

Yesterday i've taken few snap shots of photocopies (communications which i've made during my resignation), if you could share your mailid i would send the attachment. also i've found a lawyer on the web, Smt.Rajamanihttps://www.lawyersinbangalore.com/contact/  called her on phone and consulted. she said it is possible and now i would send all the documents to her to start with..

moreover thanks for the reply Mr. Kumar Doab kindly guide me on this issue, cause i'm not sure on what i'm proceeding with!!

RSH (NA)     08 May 2012

 

NEED NOT TO WORRY GUYS!

HERE'S AN EXCELLENT RECENT JUDGEMENT BY KOLKOTA HIGH COURT IN FAVOUR OF AN EMPLOYEE.

 

 

Embee Software Private Limited vs Samir Kumar Shaw & Ors on 27 March, 2012

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