Legal Question in Employment Law in India

Hi,

My name is Prashant Gautam. I work in US staffing industry in India. I worked with a company for 3 and half years as a recruiter and was further promoted as a senior recruiter and then lead. The company with which I worked is one of the best staffing companies in India.

As an appreciation to my performance, my company awarded me an onsite trip to USA for 45 days in business visa. Everything was well with them other than the pay which they provided to there employees including me. They planned my visit to USA in April 2015 and it is the time of annual salary appraisals. Before my appraisal they asked me to sign a bond which stated that after this visit I have to work with them for at least a year else all the expenses which will be done by them in this visit plus one year�s salary as a penalty will be an obligation on me to them. I signed the bond trusting them that after getting the best performer award for 2014 I will definitely get a very good appraisal but it did not happen the way I expected. It was way below to my expectations and industry standard which I clearly mentioned them but they assured me to go ahead. By the time I�ll be back they will fix it.

Meanwhile as per the papers and documents they shared with me clearly stated that there will be some trainings and client meetings in US but no trainings happened during my visit.

As I was not satisfied with my appraisal and they had the bond signed by me I was worried to change but I kept on receiving very good opportunities from other competitors. I finally accepted one offer and changed after thinking for three months from my appraisal day. By then I was back in India and worked for a month with them.

The senior managers did a lot of meetings, promising me promotions and growth plans for future so that I should not change and even tried to terrify me because of the bond signed. But they were not ready to fix my salary issues. They mentioned that this was an expense on my by them during my visit which I have to give them back if I leave them before a year i.e. June 2016 else they will file a case against me.

When I finally changed my employer they have filled a case against me in a civil court for a recovery amount of 8.5 lacks.

Now my queries are mentioned below:

1. Is this amount which was spent on my by them should be paid by me even if no part of that amount was spent on my personal development?

2. The visit which was awarded because of my performance and over achievement of my targets is something I have to pay them?

3. Can they challenge me in court for a year bond amount which they asked to sign me before my appraisal?

Also please suggest me what else I can do to avoid this penalty and what can be an outcome of this case.


Asked on 10/11/15, 4:15 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

12.10.2015

Dear Prashant,

Your contract with the Company governs all the subsequent actions, events and happenings between you and the Company. There will always remain a difference between your expectations and the Company's appraisal and assessment of your performance you may counter challenge and refute the Company's claim of the amount on the condition that a performance bond amounts to the employee doing bonded labour which is against and violates the Constitution of India.

Regards,

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Answered on 10/12/15, 3:10 am


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