I left HCL Comnet in 7/6/07 exactly a year after my joining date and I signed a service agreement with them for 1 year.
When I leave I was told that I need to pay 5 Lacs otherwise my releaving letter will not be given and I also signed a other bond when I went to USA for project migration and that bond was called overseas training agreement bond which was effective from 9/06 till 9/7.
When I looked at the full and final settlement letter that was issued by HCL Comnet It says that 5 lacs recovered towards the service agreement and how can they do that since I have completed 1 year service with the company and that bond is invalid.
Now, after two years I woke up but never too late .
Can anyone tell me how can i proceed legally to recover 5 Lacs from that company. I dont mind loosing another 1 Lakh rupees towards court expenses but I want to know what are the chances are winning this case.
From India, Pune
5When I leave I was told that I need to pay 5 Lacs otherwise my releaving letter will not be given and I also signed a other bond when I went to USA for project migration and that bond was called overseas training agreement bond which was effective from 9/06 till 9/7.
When I looked at the full and final settlement letter that was issued by HCL Comnet It says that 5 lacs recovered towards the service agreement and how can they do that since I have completed 1 year service with the company and that bond is invalid.
Now, after two years I woke up but never too late .
Can anyone tell me how can i proceed legally to recover 5 Lacs from that company. I dont mind loosing another 1 Lakh rupees towards court expenses but I want to know what are the chances are winning this case.
From India, Pune
Hi Kripakaran,
Though it is late, have you brought this to the notice of HR now? If the reply from them is not convincing, send a mail to CEO. After this, you can look for a legal route.
Regards,
Sriram N
From India, Bangalore
Though it is late, have you brought this to the notice of HR now? If the reply from them is not convincing, send a mail to CEO. After this, you can look for a legal route.
Regards,
Sriram N
From India, Bangalore
Sriram & all
Thanks - I have sent a formal notice via registered post to ther head office in Noida and a notice to the HR srivastav & Satish in Chennai who has recovered from me worngly and will be filing a legal suit against them in august once I see the reply from them.
From India, Pune
Thanks - I have sent a formal notice via registered post to ther head office in Noida and a notice to the HR srivastav & Satish in Chennai who has recovered from me worngly and will be filing a legal suit against them in august once I see the reply from them.
From India, Pune
Your grievance is not clear. You worked in HCL under a service bond for 1 year and then making another bond (overseas training bond) went to USA and completed one year of training. Then left?
If the overseas training is for one year, then bond may not be for that period of one year training. If the company is sending you abroad for one year training,the clause in the training might be that you should serve the company for 5 years, 7 years or such longer years. That means, after completion of such overseas training you should work with the company at least for 5/7 years failing which Rs 5 Lakhs would be recovered as training cost. Is it so? Please clarify.
Though employment bond is not valid, the employer can recover any cost of training which he has given to the employee if such employee leaves the employer before a stipulated period. Therefore, study the bond and get us back.
Regards,
Madhu.T.K
From India, Kannur
If the overseas training is for one year, then bond may not be for that period of one year training. If the company is sending you abroad for one year training,the clause in the training might be that you should serve the company for 5 years, 7 years or such longer years. That means, after completion of such overseas training you should work with the company at least for 5/7 years failing which Rs 5 Lakhs would be recovered as training cost. Is it so? Please clarify.
Though employment bond is not valid, the employer can recover any cost of training which he has given to the employee if such employee leaves the employer before a stipulated period. Therefore, study the bond and get us back.
Regards,
Madhu.T.K
From India, Kannur
All.
Let me be very clear here - I joined HCL Comnet on 6/6/2006 all the recruitement activities happend via email.
One of the main reason for my leaving was because of too much night and odd hour shits I SPECIFICALLY told before joining date that I will not be working in full night shifts and I got a conformation fromt he recruiter saying it will not be a full night shifts ( See the mail thread from my gmail for ref).
Also see the point no 2
As a corporate dont want to be professional & ethical and how can they expect a individual be professionals & ethical?
1. I am expecting about *** Lacs CTC PA and I feel the offer which I got is little lesser. since NOIDA is too far from my hometown, I will have to spend lots of money towards transportation and others.
- We have given you considerable hike, i hope you have checked the per month intake in salary sheet. As far as relocation is concerned, it's a one time expense which has been comitted to you in a separate commitment letter.
2. I need 30 days of notice period as I cannot leave my company before they could find a replacement of my position , as I am currently involved in so many upgrade projects, it will be very difficult to join in such a short notice period, I would need about 30 days to join.
- 30 days of joining would not be possible practically. This will affect our project delivery. If you are concerned about relieving letter, then we can waive off that part. Kindly shoot a resignation mail to your reporting manager & keep my e-mail id in BCC. If i get this mail, I would not require any relieving letter.
3. It was mentioned that the job involves night shifts but it will be very difficult for me to work in contineous night shifts as i ll be getting married in about 6 months time.( I m currently working on roatating shifts)
- It will not be only night shifts, it will be rotational.
Fortunately or unfortunately I was sent to USA for project transition, AGAIN there was not a single hour training given to me while i was in HCL Comnet (In fact I had taken lots of training sessions for the HCL Comnet employees in lotus notes and domino).
About the project transition :-
You know the employees in the client company in the USA left or fired once the contract is given to HCL Comnet and hence I was all alone handling the day today activities and taking the information on the existing setup and passing on to the offshore team ( I signed a another bond called ' overseas training bond' in the bond it was mentioned that
the bond is valid from the day i land in india and so i landed in india in september
After I landed I was told to come in full night shifts and I sent a mail to the hr attaching the above mail form the recruiter and they told for 3 months work in late evening shifts ( my health was spoiled a lot and was too much stressed - I was infact addicted to a medicine called stressnil( a sleeping tablet - now i dont have that habit as i started my
own business and living happyly)
I put my paper giving 1 month notice and my last day was fixed 8/6/07 which was exactly
1 year after my joining period
My full and final settlement letter says they recovered my service agreement bond amount not the training bond amount as i was not provided by any training
Let me know what do you think or what information you want more
From India, Pune
Let me be very clear here - I joined HCL Comnet on 6/6/2006 all the recruitement activities happend via email.
One of the main reason for my leaving was because of too much night and odd hour shits I SPECIFICALLY told before joining date that I will not be working in full night shifts and I got a conformation fromt he recruiter saying it will not be a full night shifts ( See the mail thread from my gmail for ref).
Also see the point no 2
As a corporate dont want to be professional & ethical and how can they expect a individual be professionals & ethical?
1. I am expecting about *** Lacs CTC PA and I feel the offer which I got is little lesser. since NOIDA is too far from my hometown, I will have to spend lots of money towards transportation and others.
- We have given you considerable hike, i hope you have checked the per month intake in salary sheet. As far as relocation is concerned, it's a one time expense which has been comitted to you in a separate commitment letter.
2. I need 30 days of notice period as I cannot leave my company before they could find a replacement of my position , as I am currently involved in so many upgrade projects, it will be very difficult to join in such a short notice period, I would need about 30 days to join.
- 30 days of joining would not be possible practically. This will affect our project delivery. If you are concerned about relieving letter, then we can waive off that part. Kindly shoot a resignation mail to your reporting manager & keep my e-mail id in BCC. If i get this mail, I would not require any relieving letter.
3. It was mentioned that the job involves night shifts but it will be very difficult for me to work in contineous night shifts as i ll be getting married in about 6 months time.( I m currently working on roatating shifts)
- It will not be only night shifts, it will be rotational.
Fortunately or unfortunately I was sent to USA for project transition, AGAIN there was not a single hour training given to me while i was in HCL Comnet (In fact I had taken lots of training sessions for the HCL Comnet employees in lotus notes and domino).
About the project transition :-
You know the employees in the client company in the USA left or fired once the contract is given to HCL Comnet and hence I was all alone handling the day today activities and taking the information on the existing setup and passing on to the offshore team ( I signed a another bond called ' overseas training bond' in the bond it was mentioned that
the bond is valid from the day i land in india and so i landed in india in september
After I landed I was told to come in full night shifts and I sent a mail to the hr attaching the above mail form the recruiter and they told for 3 months work in late evening shifts ( my health was spoiled a lot and was too much stressed - I was infact addicted to a medicine called stressnil( a sleeping tablet - now i dont have that habit as i started my
own business and living happyly)
I put my paper giving 1 month notice and my last day was fixed 8/6/07 which was exactly
1 year after my joining period
My full and final settlement letter says they recovered my service agreement bond amount not the training bond amount as i was not provided by any training
Let me know what do you think or what information you want more
From India, Pune
I have lots of email proofs that can tell I started working on the overseas project on the day one of my US arrival rather then getting trained by a overseas trainer and almost all in that particular project left without telling or absconded due to some internal issues I was the only one who had left properly.
From India, Pune
From India, Pune
Without studying all the relevant docs - it'll be hard to comment. If are in Delhi or nearabout you could contact me - I may be able to advise you accordingly.
Regards
H Prasad
SR TRAINER & CONSULTANT
From India, Delhi
Regards
H Prasad
SR TRAINER & CONSULTANT
From India, Delhi
Hi Prasad - My telephone no is 09789993031 - Please sms me I will contact you on your phone
From India, Pune
From India, Pune
Still the period of bond is not clear. Whetever you have highlighted are your dealings with the employer. There may be breach of contract from employer's side. If so, you can win the battle if moved as a civil suit and not from Labour Law point as you will not come under the definition of workman/ employee.
All the best.
Madhu.T.K
From India, Kannur
All the best.
Madhu.T.K
From India, Kannur
Let me more clear about the Bond Period - I Joined in this company on 8th June 2006 and I signed a bond called service agreement - It was on 20 Rs stamp paper I guess after a month I was sent to USA on some project transition work ( I was not aware of this bond at all before joining - but i had to sign as i had no choice ( may be i was little surprised to know the new about my USA project work before 1 month I joined this co)
I signed a second bond on the day that I was to travel (IT was said that the bond is valid for 1 year from the day i return and I returned on 25 Sep 2006 - It was said to be a training bond and refer my threads I was given no single hours training)
I left the company 1 year exactly after I joined 7th june 2007 - I paid 5 Lacs for getting my releaving letter.
I woke up two years and saw my full and final settlement and it said my bond recovery is for service agreement but the service agreement is for just 1 year which i completed.
Now is it a civil or criminal case or labour law related?
From India, Pune
I signed a second bond on the day that I was to travel (IT was said that the bond is valid for 1 year from the day i return and I returned on 25 Sep 2006 - It was said to be a training bond and refer my threads I was given no single hours training)
I left the company 1 year exactly after I joined 7th june 2007 - I paid 5 Lacs for getting my releaving letter.
I woke up two years and saw my full and final settlement and it said my bond recovery is for service agreement but the service agreement is for just 1 year which i completed.
Now is it a civil or criminal case or labour law related?
From India, Pune
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Bond letter.doc