Need advice - ex-employer sent letter to pay contract amount

Question arises that “Why the employees do not consult elders in the family, competent and experienced well wishers, lawyer/law firm, trade union leaders…………………. before signing on the dotted line.

Everyone understands that it is better to consult in advance than to repent later.

If employee has signed an agreement employee should fulfill it.

The agreement are not to be signed to be flouted later.

The HO/redg. office of the company and you are located in which state?

What was your designation and nature of duties?

Were you appointed as ‘Trainee’ under some training programme vide standing orders of the management? If yes management is ought to have its standing orders which should have been extended to your designation and should have been displayed at a conspicuous place/notice board and a certified copy should be supplied against a nominal charge say Rs.10/-

Or you may obtain a copy from certifying officer (DLC) in o/o Labor Commissioner at location of Redg office/HO of the company against a set fee.

The Standing Order Act is applicable to all establishments to which the Payment of Wages Act, 1936 applies. Section 2 (e) (iv)…………..

The service agreement  may be violative of the standing orders applicable to the company.

Or you were appointed as an ‘Apprentice’ under Apprenticeship Act?

The demand to serve the company was incorporated in lieu of what consideration or favor by company to employee:::: Did the company incur any expense to provide any training that added to extra ordinary skills or to qualification of employee?

It is a matter of common sense that if company want to get something then it is imperative to look into what is offered by it in lieu of the items/service it wants from employee.

The salary offered by employer in peanuts. How much is paid by other companies to same position in same trade?

Did the company declare in appointment letter that employee shall be eligible for increments in salary and did it provide raise?

Did you ever complain in writing on record to lodge your grievances?

Do you have any evidence to term employer as unworthy of being employed with.

As per Model Standing Orders:(16.          Certificate on termination of service) company has to supply ‘Service Certificate’ to all employees.

Company can not charge any amount of money for it…………………….

You may demand the cheques in original back from company.

You may also demand correct FNF statement, Form 16 as per correct FNF statement, payment of FNF dues by bank DD, pay slip for all months, PF number, PF a/c slips for whole tenure of service as issued by PF office, ESIC number/Card, NOC/NDC etc………………by redg. post

You may show the job advertisement, job application, interview call letter, selection letter, offer letter, standing orders applicable to the company (certified or model) appointment letter, service agreement, letter issued by company asking to deposit security cheques of Rs.50000/ and receipt issued by company for it, cheque bounce letter, warning letter etc and any other record………… etc to your labor consultant/service lawyer……………….and proceed under the expert advise of your lawyer.

The lawyer that has seen your entire docs and has analyzed your inputs can advise you the best.

Employee can approach:

>> Lawyer/Law firm: The legal notice/reply by lawyer can drill sense into the heads.

>> Trade Unions, employee’s group/union/IC/Guild…………………..

>> O/o Labor Commissioner: labor Inspector………..

>> Inspector under Shops and Commercial Establishments Act of the State…………

>> Inspector under Payment of Wages Act ( Applicable to all employees drawing wages as per def. of wages in the Act  up to Rs.18000/pm)

2. Definitions………3*[(vi) "wages" means………………..(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

>> RPFC in o/o PF Commissioner

>> Inspector in Local/jurisdictional ESIC office………….

Bombay Shops and Commercial Establishments Act is so employee friendly.

You must take current/next employer in confidence………………….

As far as warning letter for cheque bounce is concerned, don’t take in lightly and  approach your lawyer without any delay along with elders in the family and proceed under expert advice of your lawyer.

The lawyer that has seen your entire docs and has analyzed your inputs can advise you the best.

My dear fellow, you have willfully , with open eyes and a clear mind- entered into the agreement with your ex-company on two occasions. The first one being the original agreement at the time of joining. The second one when you chose to leave the company after 11 months and then agreed to pay the 60k amount.

Now you are complaining on the very validity of the clauses which you could and should have objected at the time of joining the ex-company.

You are clearly in a habit of taking everyone for granted. You should be honouring the caluses which you willfully signed in the first place.

I ask you- you had no right to break the bond of 2 years and now that you have broken it is your duty to honor the penalty clauses. It is immaterial that the company deposited the cheques after 6 months. I agree you were not reponsible for the delay. (For that if the company is demanding interest amount they are in the wrong. But remember you might have to demonstrate that you had the funds in your accounts equal to the installment at the due dates of the cheques deposits).Why you did not inquire when they failed to deposit it in the time period. You probably expected them to waive off the cheque amount. Now that they are demanding what is legally theirs in thier Notice you have suddenly raising the question of the validity of the clauses.

In my opinion the comany has a strong case to fight in the court. You have foolishly undertaken to agree to pay ( it is immaterial if that was on white paper or a indigo clored paper). Hence you have effectively ackowledged your debt liability to the company and they have a string case to pursue the recovery.