hi
i was working in consultant as hr for 25 days they have not given me offer letter or appointment letter
they forced me to write on ruled sheet that i will work with that company for 6 months they have not given any training also and i have not mentioned in that sheet that i will pay any money if i leave the company before 6 months their is no guarantor also for that
for my 25 days work they paid only 2000rs.
they have taken in writing on another sheet that they have paid me 2000rs for my 25 days work
now i left the company as environment was not good.
now they are daily calling me and threatening me to give back the money (2000rs) and also they are telling they will go to court
should i pay back that 2000rs is that bond valid can they go to court please help me
From India, Bangalore
i was working in consultant as hr for 25 days they have not given me offer letter or appointment letter
they forced me to write on ruled sheet that i will work with that company for 6 months they have not given any training also and i have not mentioned in that sheet that i will pay any money if i leave the company before 6 months their is no guarantor also for that
for my 25 days work they paid only 2000rs.
they have taken in writing on another sheet that they have paid me 2000rs for my 25 days work
now i left the company as environment was not good.
now they are daily calling me and threatening me to give back the money (2000rs) and also they are telling they will go to court
should i pay back that 2000rs is that bond valid can they go to court please help me
From India, Bangalore
The demand made by the employer, isn't legitimate. However, you need to have a clarity to how should you approach the situation. Remaining silent will only push them to bully you more, till they can reach you.
Looking forward to our legal experts on how to approach them
From India, Mumbai
1858Looking forward to our legal experts on how to approach them
From India, Mumbai
Hi Keerthi,
In my law class during my PG, it was said, a bond/agreement even if is verbal (not written) is valid.
However the question is, how would you prove that you entered into such agreement?
How can you make it evident in the court of law unless ofcourse you have guarantors to sign.
Coming to your query -
No appointment letter was given but was there any discussion on the salary thing between you and your (former) employer?
Did they give you any policy manual for their firm stating the probation period / joining or separation policies etc?
You wrote a sheet of paper that you'd work with them for 6 months. You must have signed below it. Have they signed it as well?
Since the training is not provided, they cannot claim any money from you. Service agreements in India are viable if training is provided. We cannot force someone to work for us.
Did they give you salary in cash?
Did they give you any salary slip?
I think they must have given you cash and no slip knowing they made you sign on another paper that they paid you amount for your 25 days' work.
Another thing - Either of the things - your 6 month service statement or your salary statement - was on company's letter head or on normal paper?
Fail to understand this one.
Agreement / Bond is valid only if -
1. Both parties coming into agreement can benefit from it. (Here they have asked you to pledge to work with them for atleast 6 months but they have not stated if they too would keep you for same time irrespective of circumstances)
2. Training is not given so bond cannot be validated.
3. Since in the signed letter nothing was mentioned on the amount to be paid if either party terminates the service bond, you are not liable to pay anything.
4. Regarding 25000 you've received, they've agreed to the fact that they paid you this 25K against the work you rendered for 25 days tenure with them. So they can't ask you to pay the salary back as they cannot return the service you gave them.
However I think seniors and legal advisors should just validate the thoughts and give some insights.
All the best :-)
From India, Mumbai
In my law class during my PG, it was said, a bond/agreement even if is verbal (not written) is valid.
However the question is, how would you prove that you entered into such agreement?
How can you make it evident in the court of law unless ofcourse you have guarantors to sign.
Coming to your query -
No appointment letter was given but was there any discussion on the salary thing between you and your (former) employer?
Did they give you any policy manual for their firm stating the probation period / joining or separation policies etc?
You wrote a sheet of paper that you'd work with them for 6 months. You must have signed below it. Have they signed it as well?
Since the training is not provided, they cannot claim any money from you. Service agreements in India are viable if training is provided. We cannot force someone to work for us.
Did they give you salary in cash?
Did they give you any salary slip?
I think they must have given you cash and no slip knowing they made you sign on another paper that they paid you amount for your 25 days' work.
Another thing - Either of the things - your 6 month service statement or your salary statement - was on company's letter head or on normal paper?
Fail to understand this one.
Agreement / Bond is valid only if -
1. Both parties coming into agreement can benefit from it. (Here they have asked you to pledge to work with them for atleast 6 months but they have not stated if they too would keep you for same time irrespective of circumstances)
2. Training is not given so bond cannot be validated.
3. Since in the signed letter nothing was mentioned on the amount to be paid if either party terminates the service bond, you are not liable to pay anything.
4. Regarding 25000 you've received, they've agreed to the fact that they paid you this 25K against the work you rendered for 25 days tenure with them. So they can't ask you to pay the salary back as they cannot return the service you gave them.
However I think seniors and legal advisors should just validate the thoughts and give some insights.
All the best :-)
From India, Mumbai
Hello Keerthi,
Like (Cite Contribution) & Ankita Shah mentioned, you don't really have to worry.
@ Ankita Shah--I think you got confused about the salary she was paid--she said it's 2000 & not 25K.
Coming to your next course of action, suggest pl put your side of the story [if you wish, you can pick-off some of the points mentioned by (Cite Contribution) & Ankita Shah above] IN WRITING--thru an e-mail to the concerned person/official.
In case they call you again & take the same stand [of going to court], pl tell them that you have ALREADY CONTACTED your lawyer from your end who is suggesting to go legal for mental torture & costs--which would very likely be much more than the 2000/- they are expecting you to return.
IF they really have any idea of what it costs to go legal--with the sort of case they have--that COULD be the last you will hear from them.
All the Best.
Rgds,
TS
From India, Hyderabad
Like (Cite Contribution) & Ankita Shah mentioned, you don't really have to worry.
@ Ankita Shah--I think you got confused about the salary she was paid--she said it's 2000 & not 25K.
Coming to your next course of action, suggest pl put your side of the story [if you wish, you can pick-off some of the points mentioned by (Cite Contribution) & Ankita Shah above] IN WRITING--thru an e-mail to the concerned person/official.
In case they call you again & take the same stand [of going to court], pl tell them that you have ALREADY CONTACTED your lawyer from your end who is suggesting to go legal for mental torture & costs--which would very likely be much more than the 2000/- they are expecting you to return.
IF they really have any idea of what it costs to go legal--with the sort of case they have--that COULD be the last you will hear from them.
All the Best.
Rgds,
TS
From India, Hyderabad
Hi Keerthi :
Already our members have posted some valuable inputs. Just to add, in future please be careful. Any professional organisation (Big or small) will give you a offer/appointment letter on the company letterhead. Regarding signing of bond/agreement (whereever applicable) well the company will give you the document, you have to read it carefully before signing it. The document is not applicable until it is signed by the employer and employee.
Keep in minds these few reference points and tips given by other members whenever you take up your next assignment. To tackle the present situation you have a handful of suggestions already.
ALL THE BEST !!
- Gia
From India, Pune
Already our members have posted some valuable inputs. Just to add, in future please be careful. Any professional organisation (Big or small) will give you a offer/appointment letter on the company letterhead. Regarding signing of bond/agreement (whereever applicable) well the company will give you the document, you have to read it carefully before signing it. The document is not applicable until it is signed by the employer and employee.
Keep in minds these few reference points and tips given by other members whenever you take up your next assignment. To tackle the present situation you have a handful of suggestions already.
ALL THE BEST !!
- Gia
From India, Pune
Hi Keerthi
No need to worry. There is no any bond or agreement is valid as per the Karnataka Shops & Commercial establishments act. As per the Minimum wages act they dint pay even the wage which should be paid to you. Next time if they call you or threaten you then simply tell them to go to court or else tell them as you will complaint with labour department and they will never call you back. If you need any more suggestion you shall reach me
From India, Bangalore
No need to worry. There is no any bond or agreement is valid as per the Karnataka Shops & Commercial establishments act. As per the Minimum wages act they dint pay even the wage which should be paid to you. Next time if they call you or threaten you then simply tell them to go to court or else tell them as you will complaint with labour department and they will never call you back. If you need any more suggestion you shall reach me
From India, Bangalore
Which state are you in ?
The amount paid to you is less than minimum wages.
You can actually go to e labour officer and complain if you wish. The min wages rates in bangalore would definitely be above 5500 per month. 25 days working is almost a month.
So you don't really have to worry about them going to court.
In any case only a fool will go to court for rs. 2000. The lawyer fees will be far above.
To my mind, you can ignore them.
If you wish, give a letter to them in reply
If you wish, complain to the labours officer, though personally I have doubt on the efficacy of that move. In case of continued harassment you can also complain to the police. Again, something that has less value, unless u know someone in the police dept
From India, Mumbai
The amount paid to you is less than minimum wages.
You can actually go to e labour officer and complain if you wish. The min wages rates in bangalore would definitely be above 5500 per month. 25 days working is almost a month.
So you don't really have to worry about them going to court.
In any case only a fool will go to court for rs. 2000. The lawyer fees will be far above.
To my mind, you can ignore them.
If you wish, give a letter to them in reply
If you wish, complain to the labours officer, though personally I have doubt on the efficacy of that move. In case of continued harassment you can also complain to the police. Again, something that has less value, unless u know someone in the police dept
From India, Mumbai
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BOND BY AN EMPLOYEE FOR NOT ENGAGING HIMSELF.doc