Archnahr
Consultant, Writer And Trainer
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Samvedan
Consultancy_hr & Ir
+1 Other

Thread Started by #natalipoul

Hello,
I am From India.I am working in a IT company from 2 months and have signed agreement i.e. bond of 75000/-. Bond has stated that will get training for three months but we haven't received any training and company is not providing us good services. I just have signed agreement where it's stated that will get training of 3 months. But haven't signed on any document stating that we have completed any training. So i don't want to ruin my career and they also haven't provided me any appointment letter. So can i resign and leave smoothly without compensation? Please help me out. I am in big trouble..
15th June 2011 From India, Mumbai
Hello,

Have you signed an "agreement" for training?

Does this agreement provide that you must work with the company for a stipulated minimum period and if so, on what terms and conditions?
Within what period, after you joined the company, is the company obliged to impart "training"?

What kind of "training" is it supposed? I mean, with an external agency or it would be conducted by the company itself? What would be the duration of the trainign? Will it comprise "classroom sessions for theory inputs and hands on practical training" or just the so called "on the job training"?

For you to receive proper advice answers to these and such questions will be necessary.

Subject to above and in principle I state that:
  1. All agreements that are "one sided", "unfair" or against law of the land are vulnurable and can be questioned and perhaps one can even win against such contracts.
  2. But contesting agreements, especially after one has signed, the reasons have to be rather sound.
  3. But that is not the issue! Considerable caution has to be exercised BEFORE one commits to an organization through an agreement! Challenging an agreement after signing it, performing it and questioining it may sound innocent and logically correct but the cost of the contest and even of victory could be substantial in terms of money, reputation in the employment market and psychologically. If one is willing to undertake such costs, then subject to deeper study of all concerned documents and consultation with competent practioners of law handling such matters only a decision may be taken.
One often finds that what cannot be cured has to be endured. I am NOT commenting on your situation please.

Regards
samvedan
June 15, 2011
---------------


15th June 2011 From India, Pune
Hello Natalipoul,
Apart from wonderful insights of Mr. Samvedan, I would just like to share that We have discussed some what similar cases in these links...
Just go through them I'm sure you will be able to decide future course of action for yourself on the basis of judgements and court rulings.
https://www.citehr.com/343871-restri...ompetitor.html
https://www.citehr.com/232304-breach...mployment.html
Hope it will assist you..:)
All the best
16th June 2011 From India, Delhi
Hello natalipoul,
Apart from the queries Samvedan raised--for you to answer/clarify-- pl also confirm if you joined this company as a Fresher.
Archna's pointers/Links too should help you out to make a well-informed decision.
But if you have any specific queries, pl also mention clearly the background of those queries, so that the suggestions can be as accurate as possible.
Like the standard Quote goes: If you want the Right Answer, you have to ask the Right Question.
Rgds,
TS
16th June 2011 From India, Hyderabad
Hi,
It's a employee business commitment cum appointment agreement. And about 3 months training it's stated their that i have to undergo 3 months training. But I am not a fresher. And i just have signed on that agreement not on any training document saying i am undergoing under any special training from joining or any training completion document.
Please help me out.
16th June 2011 From India, Mumbai
Not very clear natalipoul.
Are you a software developer? If not, what's your function?
And what was the training all about--technical or any skills-enhancement training or management-related one?
You also mentioned: I am in big trouble....
Can you pl elaborate on it?
You also mentioned:.......and company is not providing us good services.
Pl elaborate on this aspect too.
The more detailed inputs you give, the more accurate/realistic the suggestions will be.
Rgds,
TS
16th June 2011 From India, Hyderabad
I am a SEO and Company has taken sign on two agreements because it's gone change to other name. So for both names of company but duration and dates are same on both documents.
So m worried if Company takes compensation for both agreements which is totally illegal. what to do then? because how can one person can sign two agreements for two different names and with same date and duration. And i have xerox copies with me also.
16th June 2011 From India, Mumbai
Also they have provided me offer letter with one name which will be new company name. and employee id of previous company name. But still they have not given proper and final documents. Still i have not received any documents from them like appointment letter or special SEO training document. Already i have wasted 2 months working here and now i am not feeling insecure. Please suggest me something. And if i leave before 3 months so that training duration will be incomplete. and what is legal producer of resigning if i need to keep it as proof.
16th June 2011 From India, Mumbai
Hello,

So far so good!

When we talk about "agreements", "contracts", "commitments", "identities", it is better to scrutinized the documents.

If you need help, at the minimum I would ask you provide a "position paper" on this issue. Include "citations" of important parts of the related documents. And raise specific questions. This will help us take a comprehensive view and to advise you competently.

Bettr still would be for you to prepare such a document and locally consult a senior HR practioner (if you trust him/her) or alwyer who handles employment issues!

Acting/suffering without being under proper competent advise is not right for you.

Consider and respond!

Regards
samvedan
June 20, 2011
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20th June 2011 From India, Pune
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