Tsk.raman
Consuting - Life Coaching
Abedeen7
Assistant Manager Human Resources
Hardeep
Scalper :-)

#Anonymous

Hi I have signed an appointment letter with company X. Along with this company I had another offer with company Y. The company X didn\'t give me an offer letter and gave me 5 mins time to sign the appointment letter. It didn\'t get the witness signed in front of me. When I asked they said they will get it signed by their employees afterwards. There was section in the appointment letter stating that i need to pay 3 months salary if i don\'t join by the committed date which is 75 days from the date of signing this letter. The one who referred me to this company X had given me a good feedback. When I asked the HR on employee lay offs and bonds that i need to sign after joining the company, they said no lay offs and no bonds are required. To my utter surprise I heard few interesting things about the company from ex-employee before 15 days of joining. He said there were 6 employees laid off in the past 2 years and the employee needs to sign a bond of 2 years initial for the training he was
13th June 2013 From India, Hyderabad
#Anonymous
training he was provided. With hearing this I reconsidered the decision of joining Company X and had mail them indicating my inability to join their company 14 days prior to the date committed. Then the real torture started, they kept on calling me and also intimated me through sms that if i don't join their company their legal department will sue me according the appointment letter. Also, i heard they started harassing the employee who referred me and put pressure on him to make me join. Given this type of company i decide not to join the company and intimated the same through email 9 days prior to the committed date. Their HR now has sent me an email asking me to pay 3 months salary as per the liquified damages caused by me for not joining with the pdf containing "BY RPAD" within a week time from this mail. I am not in position to pay that much amount and also not willing to join the company after this much of treatment. Can you please guide me on how to proceed from here? Thanks
13th June 2013 From India, Hyderabad
Hi, you dont have to worry a wee bit.
A bond is held legal and company is at advantage if they have something substantial to prove that they had heavy investment made in an employee and hence the bond is important.
You have not even started work... no training's imparted.. Nothing!
Please go ahead and join the company of your choice. Best Wishes and have a fruitful career.
13th June 2013 From India, Mumbai
#Anonymous
Thanks Pankaj. But I am worried about the RPAD notice sent by the HR to pay the 3 months salary within a week. Do i need to respond to HR mail? I am having some sleepless nights.
13th June 2013 From India, Hyderabad
You dont have to worry.
Check the contents of the Registered Post with Acknowledge Due (RPAD) notice. you could scan & mail that as well as the appt letter ?
if not possible, am sure you have enough seniors in family/relation who can affirm that you have nothing to bother..
13th June 2013 From India, Mumbai
#Anonymous
Don't worry. Just ignore their mail. If they call you, tell them that their clause is not legally tenable, since it is against the principles of natural justice.
Join the better company and have a great career ahead.
Cheers
14th June 2013 From Indonesia, Jakarta
Do not panic. It was an offer letter/appointment letter/bond. If this is the case you donít require joining that company. They are only trying to build pressure on you. I believe them following illegal practice and cannot go to the court of law.
Hope this may help you.
14th June 2013 From India, Bhubaneswar
Dear Anonymous,

Just do not worry. You are at liberty to choose to work or not to work, just as much as companies have the right to select or reject you.

I suggest that you do not even receive the RPAD letter. This company X by threatening to sue you with a RPAD is just "baseless threatening" and let me assure you nothing will happen. What have they invested on you so far, except their time to interview you, and that is in anyway a part of their work, for which they are employed and are paid for.

This is like you are walking in a bazar, you stopped to look at something, you inquired the price after taking the particular product in your hand, and then the trader demanding money from you even before you've made a decision. And when you have some doubts you decline buying it and the trader, threatening you as if you've been caught robbing.

Just ignore and let it go off as a bad experience, and thank the Almighty that it didn't happen after your joining them. If you did and wanted to quit after realizing that there were some things wrong, it could have been a little more painful and worse.

Having said all this let me confess that in my career this is the first time I'm hearing of an incident that is atrocious, and ridiculous. Am also amazed that such companies exist.

Hope and Pray that this is not a "D" company, because in only those companies you can't go back after the first meeting. Once in "forever" in.

Best wishes feel liberated, and enjoy in the place you are making your next move.

Warm regards,

TSK. Raman

Mob.: 08374111185

http://www.facebook.com/raman.bharadwaj.16

✿ܓ beknown.com/raman-bharadwaj

✿ܓ LinkedIn : http://www.linkedin.com/profile/view...83&trk=tab_pro
15th June 2013 From India, Hyderabad
Hi All !
Just wanted to bear in on this as well as have the opinions / facts from others.
What I understand is that an AGREEMENT ( not a Bond ) to joint at a specified date has been entered into with a provision of certain damages if the agreement is not adhered to. Whether the same was signed at short notice of only 5 minutes etc. is , to my mind, not very relevant since both parties were at equal liberty to decline/ ask for more time.
What is the sanctity then of this agreement ? Is it similar to a contract ?
If there is NO sanctity , what if the reverse happens ? The Candidate resigns from his present job, is preparing to join the next one and then gets just an E-mail / Registered Letter withdrawing the offer. What recourse has he then ?
Given the judicial system in India , no one wants to file and fight a protracted legal case. But what is the LAW ?
Would appreciate learning from others - please quote relevant Acts/ Sections and Cases if possible, please .
best
15th June 2013 From United States, New York
#Anonymous
Hi Hardeep,

I agree with you. But think if the candidate had hidden few information about his employment/education like may be used some fake certificates/experience or in fact lied to few of the questions asked by the Company at the time of interview.

The Company came to know about this during their back ground verification or came to listen about him from someone, doesn't the company go ahead and cancel the agreement?

if they had the right to do, then why didn't the candidate had this option?

Also, let me tell you few things here.

From the day I had taken the appointment letter, they had put pressure on me to hand over passport without letting me know any details about the travel and the bond there after, isn't it a kind of not letting the truth?

The same company behaved like this when I said that i am not joining their company

The candidate said he had to pay to 5lakhs to his current employer as he had an bond with them, then HR-Manager said "I am telling out of experience, you need not pay any thing to your company as 5lakhs is an huge amount and they will not take action against you. you got your salary, just quite and join our company. we are happy to join you without relieving letter. In future you can use our company's back ground verification."

When I reconfirmed that I am not going to join, the same HR black mailed me through an sms that if you don't our legal department will sue you.

While having an interview or few days after interview most of the candidates doesn't know about the company they are attending.

Also, coming to your discussion on agreement there should be a provision on cancelling the agreement before start from both the parties on the time frame for the cancellation.Otherwise it is like forcing the party which is not interested.
16th June 2013 From India, Hyderabad
Hi All !
One can always discuss the pros/ cons, right and wrong etc. but that was not my query - and will obviously vary per case, circumstances and which side of the fence one is on at any particular time.
As already asked please provide the relevant legal Acts and Sections and Case precedents if any.
Thanks !.
16th June 2013 From United States, New York
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