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Old 14-10-2008, 09:36 PM
vprakashcbe's Avatar
Join Date: Oct 2008
Posts: 2
Wink Relieving problem need assistance urgent Plz !

I was working in a Chennai based MNC for the past 2 years and got resigned from the company recently.
Initially I was working in a Level 1 team which involves very less technical activities and then after serving a 11th months they moved me to level 2 team which involves more technical activities and signed a non-disclosure agreement for the period of 18 months from 3rd Sep 2007.
I resigned the company after serving 2 years of total period and 1 year of bond period (1st Sep 200 after my resignation I have served a notice period of 39 days and got relieved on Oct 9th 2008.
They are haven’t provide me any special training in this period and now they are asking me to pay RS: 1 lakh to provide relieving letter and experience letter.
I have even talked with the HR manager for negotiation of the bond amount that I have served the company for 13.5 months and the actual bond period is for 18 months.
Please advice I have signed the agreement in company letter pad not in any stamp paper or bond paper.
Please find the wording of the agreement letter below
************************************************** *********************
Date : 3rd September 2007
To
Prakash V
Emp ID XXXX
Address
Dear Prakash,
Further to your appointment letter, We are please to inform you that you will be working with Level 2 service delivery team to manage internal / Customer infrastructure in Tech IMS.
This being a highly technical and critical function and you will be put on the ON the job Training companyname’s Cost for enabling you to work in this area of scope , You are required to work with comapanyname for a minimum period of 18 months effective from 3rd September 2007. In case if you leave the services of company within 18 months you need to pay RS:1,00,000/- towards cost of replacement for comapanyname and for providing On the Job Training to you.
Please sign a non-disclosure agreement, which is enclosed
All other terms and conditions remain unaltered as per your appointment order.
For comapnay name

N. Gokula Prasad
Senior Manager – Human Resources Associate Signature

Thanks in Advance

Prakash V

Last edited by vprakashcbe; 14-10-2008 at 11:45 PM. Reason: Relieving problem need assistance urgent Plz !
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Old 16-10-2008, 03:22 PM
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  #3 (permalink)  
Old 18-10-2008, 04:22 PM
Madhu.T.K's Avatar
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Such agreements will not be valid. In order to claim amount as compensation the employer should prove that he had incurred Rs 1 lakh as expenditure exclusively to train a particular employee. A mere signature of the employee on the letter head of the company cannot be taken as acceptance of all the conditions of service. If to the contrary, the employee pleads that the company didnot give him any training or whatever training the company gave was only for name sake and it is due to this attitude of the company that he has decided to leave the company, there is no other way. Though 'debtor' 'creditor' relation is absent here, the agreement which compels an employee to stay back with the employer shall also be treated as "bonded" labour which is illegal as per provisions of Bonded Labour System (Abolition) Act, 1976.

Therefore, give reply to the letter stating that you are not expected to pay any amount as there is no reason to 'indemnify' any loss caused to the company.
Regards,

Madhu.T.K

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