Regarding employer breaching bond.

your issue is your bond, there is no need to worry what employer gets clients or not, after all, any contract is bilateral, if unilateral it is indeed a breach of contract law... if employer asks you to go he need to pay at least 3 months compensation and if the employee goes within six months he needs to pay the employer three months compensation , if not, one month's compensation or he could give one month notice is called natural justice..

in your case, you shifted from some company to join this great company, whatever you are in, it means you can move for cancellation of the earlier contract with the company,mutually rescind the contract; and make a contract as suggested above...

no employee need to sign a contract against public policy.

always, every contract need to be as per contract Act provisions.

i do not understand how employees get into contracts without knowing the implications of contract.

if employer asks you to sign on dotted lines of contract you always can say you have to check with the some other legal counsel before signing.. if employer refuses, better do not take job under such employers, is my suggestion.

I fully agree with Dr.G.Balakrishnan.

I have been posting it since long time that employee should consult elders in the family, competent and experienced well wishers, employee’s/trade unions leaders, labor Law Consultant/service matters lawyer/law firm before signing on the dotted line……………………and that employee should become member of unions and be properly informed and must retain access to an able lawyer.  

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

Don’t accept any change in salary in writing.

Now onwards you should preferably let your counsel structure and draft every communication that you should submit under proper acknowledgment and build favorable record and transfer the onus on employer.

Let the employer write to you for change in salary. If it does not write and resorts to verbal communications then you have the option to write to appointing authority/MD,that on dated………….Mr/Ms……….designation……………name of company …………………address…………..communicated to you in person in office that your salary stated in appointment letter dated………………..shall be reduced and you should accept it and you have declined to accept any reduction in salary…………….

After writing it you have the option to decline to do shifts.

1.      Do you have copy of the Bond, and appointment letter issued to you, HR policy/Service Rules and regulations/or any other policy that is cited as to govern the service conditions… etc mentioned in appointment letter…………./exit policy/FnF policy etc? If NO download these ASAP. If these are not available at some shared HR portal/employee log in demand these and Bond/service agreement in writing (preferably by letter thru Redg. Post/email from personal email id or with a copy to you) from good offices of appointing authority, MD, or designated HR personnel.

2.      What is this establishment: Commercial/Industrial? What is its line of business? How many persons are employed in it?

3.      The Bond or service agreement is created in lieu of what extra ordinary favor by the company e.g some certified training from certified Instt.?

4.      What is the due date of payment of wages, and work hours, mentioned in appointment letter?

5.      What is the notice period mentioned in appointment letter? Is it mentioned that you shall have to work in shifts in any of the docs mentioned above?

6.      You are not responsible if company looses its clients. Are You?

7.      The employer is responsible for making the payment of committed wages and that too on due date as per various enactments applicable to the establishment/employer e.g. Uttar Pradesh Shops and Establishments Act/U.P. Dookan aur Vanijya Adhishthan Adhiniyam, 1962 (the Act does not discriminate between ‘Workman and ‘Non Workman’ and employer has to maintain many registers pertaining to payment of Wages as per ), Payment of Wages Act (applicable to all employees drawing wages, as per def. of wages in the Act, upto Rs.18000/pm) etc…………………..

8.      The salary can not be revised until or unless you agree to it in writing. Hence don’t agree in writing rather decline to agree in writing.

9.      If it is stated in appointment letter, service conditions applicable to you that you shall be liable to work in shifts then you can be asked otherwise the demand to work in shifts may amount to change in service conditions, and a prior notice of 21 days may be required as per ID Act…………………….You have the option to decline to accept any change……………..and in such case company can either let the existing service conditions prevail or resort to termination…………………however process of  natural justice shall have to followed.

10.  Are you in probation Period or your service has been confirmed in writing?

11.  Asking to leave or submit resignation can be termed offence/deemed termination. However the onus to prove the demand of resignation may fall upon you, therefore you may build evidence (audio/visual/witnesses/minutes submitted by employees etc). The company won’t agree to such demand in writing. You should remain amiable, gentle and let your lawyer/counsel draft your representations so as to build irrefutable evidence on record. If you don’t build favorable and irrefutable written record under proper acknowledgment, the employer shall have an edge over you. Rather you should have edge over employer.

12.  Have you registered your profile at NSR/NASSCHOM and given the password/Pin to employer.

13.  If at all you resign, tender notice of resignation under proper acknowledgment preferably by letter thru redg. Post .followed by email from personal email id. In notice mention reasons and cite previous representations………………..The company can not accept resignation before expiry of notice period and if it does it has to tender notice pay subject to its acceptance by you. If you submit resignation with immediate effect, company may square off your dues by adjusting notice pay. If company terminates it has to tender notice pay.

14.  All affected employees may join hands and stand as unshakeable witness to each other.  

You may reply pointwise to each point.

Well advised by experts above.  An employer has no rights to reduce the salary from the agreed one without any justified reason or any fault on the part of the employee.  The contract or terms and conditions of the employment will have notice period to be served by both the sides i.e., on employee for his resignation or by the employer if he would sack the employee without valid reason.  Thus, as suggested, you may not accept anything in writing that wold be detrimental to your employment.

Hi all.

Thanks for replying to my query.Here are answers to Mr.Kumar's questions.

I would request Mr.Balakrishnan and Mr.Kalaiselvan too,that refer to my attachment and suggest.

1-Yes I do have copy of my offer letter and I am sending you the attachment.

2-It’s an IT company  with different branches having 800-1000 employees.

3-No extra training will be provided.

4-I get my salary on 7^th of every month.

5-Shifts were not fixed,like its 24*7 work culture,but if we are asked to do night shift then salary should b increased.

6-No we are not responsible for client.

7-My fixed inhand salary is 32000/month.

10-We have a bond applicable for 6 months and its my 2^nd month in company.

11-yes I got registered with NASSCOM  last month only.

I have attached a page of my offer letter.Hope this would clear things.

Regards

Amit bhat

 It is felt that:

1.      Company has stated that the Training is required to meet market needs. This is need of the company and such training should be provided without any cost to the employee. Nowhere it is stated that the expenses shall be born by employee. Moreover the training that is required for the employee to manage the counters of the company has to be provided without any cost to employee.

2.      The company has stated that you have to serve the company for 6 months. It is stated that you agree to it in this clause. Moreover it is not stated that if company terminates before 6 months it also agrees to tender payment of Rs.2 Lacs. After employee has also incurred expenses to prepare to apply, attend interviews etc….. The company has stated that Rs.2 Lac is for Training and Expenses of the company. Has company incurred expenses on one person=Rs2Lac? The company has to provide bills to substantiate such expense. Did company declare in job advt. job offer that candidate has to refund rs.2lac and company spends this amount/person? Had you left previous employment before this appointment letter was handed over to you? Such contentions of the company can easily be termed arbitrary. 

3.      Did company reimburse any expenses to prepare and attend interview?

4.      The notice period during probation period is 2 days only.

5.      Has the company collected password for NSR/NASSCHOM from you? Can you change the password now and block access to you’re a/c?Did the company ask you to register in writing and demanded password in writing?

6.      Did you go thru publication of NASSCHOM regarding NSR before signing for it?

7.      The NSR has replied to IT employees unions that it does not indulge in blacklisting of the companies.

Do you have evidence of demand of reduction in salary made to you? Did you record/minute it?    

It is suggested that you may approach an able Labor Law Consultant/service Matters Lawyer/Law firm and let your counsel draft all of your representations and build favorable written record to suit your long term interest and to present in appropriate forum at appropriate time.

Rest is upto you.

Online discussion have its own limitations.

For further you may approach your counsel in person.The counsel that has examined all docs and inputs in person can advise you the best.