Relieving problem need assistance urgent Plz !

vprakashcbe · #1 (**permalink**) 15-10-2008, 12:07 PM

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

prakunna · #2 (**permalink**) 16-10-2008, 02:20 AM

Hi,

You need to prove that no training was given to you by the company to succeed. In case you can do that send a lawyer notice seeking the relieving order.

rajanassociates · #3 (**permalink**) 16-10-2008, 11:59 AM

Dear

The crucial clause "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."

The above appears to be for getting a replacement which is a doubtful case for your Employer.

Anyway take specialist legal advice and and send them a letter explaining your position apart from the un-enforceability of that provision of their appointment letter and get a smooth relief.

With Regards
V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail :

Off : 044-42620864, 044-65874684,
Mobile : 98401 42164.

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