Hi Anitha,
Every company has RIGHT to get compensation if the agreement/bond is violated/terminated for whatever reasons by the employee.
The reason I say is because company makes lots of investments on recruitment,Consultancy charges,training,advertisement etc...+time on the employee.Now imagine one fine day if the employee says he wants to resign,then think from the company perspective how much loss is incurred to them?
THAT'S THE MAIN REASONS WHY COMPANY SIGNS THE BOND WITH THE EMPLOYEES.
Now coming to your case,If the company has not given any training and neither made any specific investments on you,then you can make final decision either to stay or Leave (without paying any compensation).
What Mr.Sateesh has suggested earlier was RIGHT in saying that just getting calls is not sufficient for you to think about changing job or terminating contract.Get an OFFER LETTER in your hand FIRST then think of the NEXT step.
May be by that time you might find more solutions.
Finally one silly solution to your problem,which in fact worked in favour of my Friend few months ago,he was in same situation like you.
ONLY IF YOU ASK FOR!
Regards,
Manoj Devda
70Every company has RIGHT to get compensation if the agreement/bond is violated/terminated for whatever reasons by the employee.
The reason I say is because company makes lots of investments on recruitment,Consultancy charges,training,advertisement etc...+time on the employee.Now imagine one fine day if the employee says he wants to resign,then think from the company perspective how much loss is incurred to them?
THAT'S THE MAIN REASONS WHY COMPANY SIGNS THE BOND WITH THE EMPLOYEES.
Now coming to your case,If the company has not given any training and neither made any specific investments on you,then you can make final decision either to stay or Leave (without paying any compensation).
What Mr.Sateesh has suggested earlier was RIGHT in saying that just getting calls is not sufficient for you to think about changing job or terminating contract.Get an OFFER LETTER in your hand FIRST then think of the NEXT step.
May be by that time you might find more solutions.
Finally one silly solution to your problem,which in fact worked in favour of my Friend few months ago,he was in same situation like you.
ONLY IF YOU ASK FOR!
Regards,
Manoj Devda
Dear tajsateesh,
I knew all that its open source and I had signed for the fact that there may be any training on new technology which is paid one and may be third party training. But that one till not came into picture. Its not only the salary matter. mentally I not feeling to work here because the environment and things around have changed. Your answer has increased my worrieness. I can understand the company situation also. But I would like to tell you that I had done well job and given best out of me more than what I can till.If company can terminate our service before bond period then Why cant I?. I thought my this question will be helpful for others also so I posted on forum. I respect your thoughts and value of time. But just try to understand the situation of a middle class worker. Company is not a victim here. They making good bucks out of me.If they can fire us anytime and look for better candidate then Why cant I do the same? I am not cheating them in any sense. Please forgive me If I have talked anything which may be irrelevant here. Please help and suggest me.
From India, Bangalore
I knew all that its open source and I had signed for the fact that there may be any training on new technology which is paid one and may be third party training. But that one till not came into picture. Its not only the salary matter. mentally I not feeling to work here because the environment and things around have changed. Your answer has increased my worrieness. I can understand the company situation also. But I would like to tell you that I had done well job and given best out of me more than what I can till.If company can terminate our service before bond period then Why cant I?. I thought my this question will be helpful for others also so I posted on forum. I respect your thoughts and value of time. But just try to understand the situation of a middle class worker. Company is not a victim here. They making good bucks out of me.If they can fire us anytime and look for better candidate then Why cant I do the same? I am not cheating them in any sense. Please forgive me If I have talked anything which may be irrelevant here. Please help and suggest me.
From India, Bangalore
Hello anithamb,
At the outset pl understand that you DON'T NEED TO BE APOLOGETIC by saying "Please forgive me If I have talked anything which may be irrelevant here".
You are only placing the facts of the case AND YOUR perspective.
Coming to the facts of the case, you have now added another aspect:"Its not only the salary matter. mentally I not feeling to work here because the environment and things around have changed".
Any reason why you DIDN'T mention this aspect earlier [though I had suspected something like this or a tiff with the boss, etc as the reason for your query]?
Now, like I always said in my responses to other similar threads--it's YOUR life & career & so the FINAL decision HAS TO BE YOUR'S. All the members in this Forum or your friends or relatives only give you different perspectives of the issue/problem, so that you can make a WELL-INFORMED decision. What to consider or what to ignore IS & HAS TO BE YOUR DECISION.
A small point of reality: are you so sure that the 'mental dissatisfaction' you have here now doesn't repeat in your new company--wherever you move to? I won't say it will, but I can't say it won't too.
Like I mentioned in my First response, I think you STILL are mixing up the issues/priorities.
If you want to change JUST BECAUSE YOU WANT TO RUN AWAY from the present problem, then this would be a wrong step. TRY TO CHANGE/RESOLVE it. Think of ways on HOW TO DO THIS rather than just jumping out of the boat--pl be assured that the next job WOULD [NOT 'could'] have another set of problems--if that's the way one wants to look @ it. So 'where-to' from there? For you to resolve this aspect, you need to make effort to understand the reason(s) for your current mental dissatisfaction, for which pl don't discount your contribution too.
I suggest you begin to look @ the LARGER picture when you take any decision--that way the chances of making mistakes that you CAN'T correct would be minimum. Why make a mistake & then go about trying to resolve them?
All the Best.
Rgds,
TS
From India, Hyderabad
At the outset pl understand that you DON'T NEED TO BE APOLOGETIC by saying "Please forgive me If I have talked anything which may be irrelevant here".
You are only placing the facts of the case AND YOUR perspective.
Coming to the facts of the case, you have now added another aspect:"Its not only the salary matter. mentally I not feeling to work here because the environment and things around have changed".
Any reason why you DIDN'T mention this aspect earlier [though I had suspected something like this or a tiff with the boss, etc as the reason for your query]?
Now, like I always said in my responses to other similar threads--it's YOUR life & career & so the FINAL decision HAS TO BE YOUR'S. All the members in this Forum or your friends or relatives only give you different perspectives of the issue/problem, so that you can make a WELL-INFORMED decision. What to consider or what to ignore IS & HAS TO BE YOUR DECISION.
A small point of reality: are you so sure that the 'mental dissatisfaction' you have here now doesn't repeat in your new company--wherever you move to? I won't say it will, but I can't say it won't too.
Like I mentioned in my First response, I think you STILL are mixing up the issues/priorities.
If you want to change JUST BECAUSE YOU WANT TO RUN AWAY from the present problem, then this would be a wrong step. TRY TO CHANGE/RESOLVE it. Think of ways on HOW TO DO THIS rather than just jumping out of the boat--pl be assured that the next job WOULD [NOT 'could'] have another set of problems--if that's the way one wants to look @ it. So 'where-to' from there? For you to resolve this aspect, you need to make effort to understand the reason(s) for your current mental dissatisfaction, for which pl don't discount your contribution too.
I suggest you begin to look @ the LARGER picture when you take any decision--that way the chances of making mistakes that you CAN'T correct would be minimum. Why make a mistake & then go about trying to resolve them?
All the Best.
Rgds,
TS
From India, Hyderabad
Hi Anitha,
You are welcome.I have send it to your mail id.By the way your mail id is very interesting one.
Also there are other instructions to be followed in order to break the contract like-
* 1.Analyze your situation. If you were pressured or rushed into signing the contract of employment you may have valid reasons to back out. Employers must give new employees a reasonable amount of time, at least 21 days, to consider the terms of the agreement and even seek legal advice if necessary, according to the Age Discrimination in Employment Act (ADEA).
* 2.Break the contract within seven days after signing it. That's because the ADEA requires that employers allow new employees seven days after signing an agreement to cancel it if the person so desires.
* 3.Consider the contract invalid if either party fails to meet the contract's obligations.
* 4.Reach a mutual agreement to cancel the agreement. If you can convince the other party to void the contract, both parties can walk away without legal repercussions.
* 5.Prove that the contract was executed under false representation. Fraud is another valid reason to break an employment contract.
* 6.Only adults of legal age can enter into a contract. If either party is under age, the contract is not binding. Legal age varies depending your state.
*7.Consult with a legal advisor to see if there are any other stipulations in the contract or state laws that would allow you to break it. Employment contract laws in each state differ, and they each may contain specific ways to get out of your contract legally.
*8.Ask the employer if both parties can agree to void the contract. The contract is not in effect if no one wants to be a part of it any longer.
*9.Produce proof that you were forced or intimidated to sign the contract or that you were incapacitated when you signed the contract. Contracts are not binding if you signed them under duress or could not rationally make the decision to sign it.
Regards,
Manoj Devda
You are welcome.I have send it to your mail id.By the way your mail id is very interesting one.
Also there are other instructions to be followed in order to break the contract like-
* 1.Analyze your situation. If you were pressured or rushed into signing the contract of employment you may have valid reasons to back out. Employers must give new employees a reasonable amount of time, at least 21 days, to consider the terms of the agreement and even seek legal advice if necessary, according to the Age Discrimination in Employment Act (ADEA).
* 2.Break the contract within seven days after signing it. That's because the ADEA requires that employers allow new employees seven days after signing an agreement to cancel it if the person so desires.
* 3.Consider the contract invalid if either party fails to meet the contract's obligations.
* 4.Reach a mutual agreement to cancel the agreement. If you can convince the other party to void the contract, both parties can walk away without legal repercussions.
* 5.Prove that the contract was executed under false representation. Fraud is another valid reason to break an employment contract.
* 6.Only adults of legal age can enter into a contract. If either party is under age, the contract is not binding. Legal age varies depending your state.
*7.Consult with a legal advisor to see if there are any other stipulations in the contract or state laws that would allow you to break it. Employment contract laws in each state differ, and they each may contain specific ways to get out of your contract legally.
*8.Ask the employer if both parties can agree to void the contract. The contract is not in effect if no one wants to be a part of it any longer.
*9.Produce proof that you were forced or intimidated to sign the contract or that you were incapacitated when you signed the contract. Contracts are not binding if you signed them under duress or could not rationally make the decision to sign it.
Regards,
Manoj Devda
Hi Sateesh, Great job..............Your points are very straight forward and difficult to accept. But that’s the final truth. Keep the good work.
Thanks mani_pooja and tajsateesh,
Once again thanks to you both the guys. I hope it will be also helpful for others also regarding the dilemma they may be facing. Things have cleared to me. I have taken firm decision of resignation after 2 months citing family reasons and could not work in city and would like to go back to native. Will request my employer that I will work for two months notice period and kindly terminate me after that. Will see then. If any problem arises by then I will contact the law experts and this forum for the further help.Once again thanks to all.
From India, Bangalore
Once again thanks to you both the guys. I hope it will be also helpful for others also regarding the dilemma they may be facing. Things have cleared to me. I have taken firm decision of resignation after 2 months citing family reasons and could not work in city and would like to go back to native. Will request my employer that I will work for two months notice period and kindly terminate me after that. Will see then. If any problem arises by then I will contact the law experts and this forum for the further help.Once again thanks to all.
From India, Bangalore
Well said Manoj Devda--Thats good move....at least for the moment.
And anithamb--just keep your options open for now.
Who knows how things may turn? I recollect a movie dialogue: anything can happen in 6 months [in your case, 2 months]....your boss may realize his faults & make corrections in the system, you may be given an out-of-turn hike, etc.........????????
But also keep your efforts @ FULL pace in your work.
All the Best.
Rgds,
TS
From India, Hyderabad
And anithamb--just keep your options open for now.
Who knows how things may turn? I recollect a movie dialogue: anything can happen in 6 months [in your case, 2 months]....your boss may realize his faults & make corrections in the system, you may be given an out-of-turn hike, etc.........????????
But also keep your efforts @ FULL pace in your work.
All the Best.
Rgds,
TS
From India, Hyderabad
Just one last thing anithamb, before you get onto your work & wait till 2 months :-)
Did you ever wonder WHY most of the seniors in this Forum INVARIABLY & ALWAYS suggest that the individual concerned HAS TO TAKE THE FINAL CALL/DECISION & their suggestions have to be treated ONLY as inputs/advice?
It's just that it's YOU who has to face the consequences of YOUR ACTIONS/DECISIONS/CHOICES--NOT the members or your friends or EVEN your family members or relatives. Everyone may support or give their shoulders for you to LEAN ON [or cry upon--depending on the context], but @ the End-of-the-Day, it's YOU who has to face the music...so to say--NO ONE ELSE. Whether it's career or life.
Rgds,
TS
From India, Hyderabad
Did you ever wonder WHY most of the seniors in this Forum INVARIABLY & ALWAYS suggest that the individual concerned HAS TO TAKE THE FINAL CALL/DECISION & their suggestions have to be treated ONLY as inputs/advice?
It's just that it's YOU who has to face the consequences of YOUR ACTIONS/DECISIONS/CHOICES--NOT the members or your friends or EVEN your family members or relatives. Everyone may support or give their shoulders for you to LEAN ON [or cry upon--depending on the context], but @ the End-of-the-Day, it's YOU who has to face the music...so to say--NO ONE ELSE. Whether it's career or life.
Rgds,
TS
From India, Hyderabad
Hi Sateesh,
What you said is absolutely Right.
But the timing was completely wrong.
As being members of this Forum WE SHOULD ENCOURAGE THEM (llike Anitha Case)TO TAKE DECISIONS AND NOT MAKE AFRAID OR MAKE THEM THINK TWICE or THRICE FOR WHAT THEY THINK.
Thanks for understanding......
What you said is absolutely Right.
But the timing was completely wrong.
As being members of this Forum WE SHOULD ENCOURAGE THEM (llike Anitha Case)TO TAKE DECISIONS AND NOT MAKE AFRAID OR MAKE THEM THINK TWICE or THRICE FOR WHAT THEY THINK.
Thanks for understanding......
In a way you are right Manoj Devda.
However, the intention WASN'T to frighten AND NEITHER WAS IT to ensure that she thinks twice BEFORE taking a decision.
The MAIN purpose of my last posting was this: I have seen quite a few persons to CONSIDER ONLY THE POSITIVE ASPECTS/CONCLUSIONS/RESULTS of a decision during their decision-making process. They FAIL TO EVEN GIVE A THOUGHT or FACTOR-IN the POSSIBILITY that what they think will/should happen or the result they WANT TO TAKE PLACE MAY NOT HAPPEN AT ALL. Whether we like it or not, that's life.......however well we plan things out, there's ALWAYS a possibility of things NOT TURNING OUT THE WAY WE wanted/expected/hoped-for.
In a way, I think it applies to everyone at some point of time or the other, including me.
Consequently when the end-result turns out to be different, the other person(s) or circumstances or anyone/anything gets blamed......EXCEPT HIMSELF/HERSELF.
Now just apply this to the thread under discussion & you can grasp/notice why I said what I said.
I just wanted anithamb NOT TO repeat in future what she did in the past....of which she's facing the consequences NOW. Maybe that's what they call--learning from mistakes & converting the mistake into experience.
Rgds,
TS
From India, Hyderabad
However, the intention WASN'T to frighten AND NEITHER WAS IT to ensure that she thinks twice BEFORE taking a decision.
The MAIN purpose of my last posting was this: I have seen quite a few persons to CONSIDER ONLY THE POSITIVE ASPECTS/CONCLUSIONS/RESULTS of a decision during their decision-making process. They FAIL TO EVEN GIVE A THOUGHT or FACTOR-IN the POSSIBILITY that what they think will/should happen or the result they WANT TO TAKE PLACE MAY NOT HAPPEN AT ALL. Whether we like it or not, that's life.......however well we plan things out, there's ALWAYS a possibility of things NOT TURNING OUT THE WAY WE wanted/expected/hoped-for.
In a way, I think it applies to everyone at some point of time or the other, including me.
Consequently when the end-result turns out to be different, the other person(s) or circumstances or anyone/anything gets blamed......EXCEPT HIMSELF/HERSELF.
Now just apply this to the thread under discussion & you can grasp/notice why I said what I said.
I just wanted anithamb NOT TO repeat in future what she did in the past....of which she's facing the consequences NOW. Maybe that's what they call--learning from mistakes & converting the mistake into experience.
Rgds,
TS
From India, Hyderabad
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Enforcement of negative covenants in employment terms.pdf