sandee1983
17

Dear All,
I am attaching the full service agreement of my friend. he has resigned on feb-12. as per agreement clause 1(C) an employee has to pay 4 months gross salary with 12% intrests. can he challege that agreement in the court. or suggest me if any solution you have.

From India, Pune
Attached Files (Download Requires Membership)
File Type: doc Service Agreement.doc (44.5 KB, 298 views)

kamalkantps
314

Sure Sandeep,
I saw this agreement and the same is not enforceable under any Law in India. It is rather a Joke. Dont worry ask your friend that he is totally safe and the employer will not be able to recover even a single penny from him.
Feel free to revert in case of any doubt.

From India, New Delhi
Archna solanki
Dear all,
I have some problem, i have joined the company only one month back.. they have signed me service agreement for one year.. I have no issues with the company but as there is a night shift which I can not handle this.. There transport dept is also worst they dont provide guard with the cab as per their promise.. My family is very tensed with my night shift job.. I cant leave the job since i have signed the service agreement. And my health is also suffering for this... Pls help what can i do with this.. And i m asking for morng shift also but they are denying that we dont have morng shift for the particular profile... Pls help what to do...
Thanks and regards

From India, Delhi
kamalkantps
314

Dear Archana,
Please answer a few questions before we could opine you
1. Are you a fresher or experienced in the field you are working?
2. Have your Company given any sort of training in lieu of the Bond/Service Agreement and is the training cost high?
3. Whether they told you at the first instance when you applied for job that you have to sign a Bond and what is the bond amount?
4. Is your drop the last one and you have in written that they will provide a guard.
5. What is the size of your organization.
6. What is your job profile.
Please answer these questions in order to opine you better.

From India, New Delhi
Archna solanki
Hello,

Thanks for your quick revert..

1. Are you a fresher or experienced in the field you are working?

I am experinced prior i was in a bank now i m in Aon hewitt...

2. Have your Company given any sort of training in lieu of the Bond/Service Agreement and is the training cost high?

Yes and the cost is high

3. Whether they told you at the first instance when you applied for job that you have to sign a Bond and what is the bond amount?

Tes they have told me about the bond. Amount of the bind is 75000.

4. Is your drop the last one and you have in written that they will provide a guard.

My drop is last second but they have told us for the femail candidates they will provide the guard.

5. What is the size of your organization.

Its big Aon hewitt

6. What is your job profile.

Benefits ops admin

But the main reason is night shift earlier i thought i can do night shift but now i am feeling sick due to night shift... And my family is also insecure.. They hav the morng shift also.. Plss suggest what else can i do to get the morng shift if there is no option so how can i quit the organisation

From India, Delhi
kamalkantps
314

Dear Archna,
I am afraid in such a case the bond is valid and very much legal. If in case you want to leave the company anyway, you will have to pay the Bond amount. Aon Hewitt is a big organization and they take these kind of things very seriously.
I would suggest you to talk to your immediate manager or skip level about your health issues so that they may suggest you an IJP (Internal Job Posting) or Lateral Movement, which may help you to come out of night shift. Don't take extreme step of leaving the company as they may black list you and it will adversely effect your carrier. I hope things get better for you. Best of Luck.

From India, New Delhi
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