Legal Question in Employment Law in India

Sir/Mam,

With due repect i would like to know about the employee rights with respect to employeer.

One year back i Joined a company in Chennai As HRMS Functional Consultant Trainee and Term and condition of the services were as follows ,

1 - 2.5 Years of bond with company.

2- If An employee decided to leave the company within 2.5 year or bond period an employee has to pay 2 Lakhs rupees to the company to get the experience and releaving letter.

3- For complete 1 Year an employee will be working on 15000 rupees as stipend based and just after the completion of 1 year employee will be absorbed by the company on the paroll and will be given standard pay package as per the market rate.

Now i am in a situation where i signed the bond with the company last year with the conditions mentioned above , Once i completed my 1 year with the company they did not give me hike in the salary,When i asked them they informed that it will be done company wise in the month of July , Idealy i should have been given the Appriasal in the month of April as i joined the company on 2nd of April 2012.

I waited till July and asked them multiple times for the same b ecause i was onsite in Qatar not at the base location Chennai.

Finally i came back from Onsite assignment and asked them for the apprisal.

Company gave me an appraisal letter which is effective from July,

I asked them that as per my Joining letter terms and conditions of the services it should have been given to me in July.

As they have given me the apprisal which effective from July so they are not going to give any arrear as well, which i thought to be from April to July.

My Question is- Can i still leave the organization. as they did not give me the Appraisal in the months when i completed 1 year with them .

Thats what i was informed when i joined the company.

If i decide to leave and put my resignation will i have have to pay 2 lacs as per the bond which i signed with them.

since they did not keep the terms and conditions of the services as mentioned in my Joining letter that appraisal will be given just after completion of one year and they delayed it for 4 months.

Please advice me on this , i feel like slave and my rights are taken away from me .

Regards

Samresh Kumar


Asked on 7/29/13, 3:08 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

29.07.2013

Dear Samresh,

If you are working in an IT Company, it is quite unlikely that the Company posted you on their project assignment to Qatar, and the Company paid you Rs. 15,000/- locally without paying you any salary in QR which is Rs. 16.30243 today. You surely must have been paid a separate salary or allowance in Qatar with Company accommodation and all expenses paid for. If I am to presume that you worked in Qatar for say six months and for which the Company paid you a local allowance of QR 5000/- per month, it was a net saving for you and you were in a position to remit at least QR 4000/- per month which amounts to INR 3,91,258.32 ps in addition to your local salary of INR 90,000/- for the same period being credited to your Bank A/c in India. You should weigh your qualification and experience vis a vis the salary you are being paid in your present Company, and the salary that you will fetch if you are to secure a job elsewhere in another Company. If the present Company really does not pay you an allowance in the country of posting, you are in the wrong place and you are simply wasting your time, and need to put in your papers immediately and move on. Coming to performance bond, actually it is illegal and a criminal offence too, so the Company needs adequate grounds to prove that they spent substantial amount (more than Rs. 2.00 lakhs) on your training and upgrading your on the job skill-sets, if they are to claim that amount from you to break the bond. You should request the new employers to pay the shortfall in the performance bond period (proportionate amount for the shortfall period not served) to your present employers, if they are keen to offer you a job at a month's notice to join them.

Regards,

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Answered on 7/29/13, 3:53 am


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