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you can go for bond with the employee
but the bond must be valid as per the indian contract act 1872
and you need to produce training cost proofs etc....
and the must be mutual beneficial but not one sided ...
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BASIC SALARY IS 16000
DID 10 DAYS IN SEP , SALRY GOT 5333/-
QUESTION IS PF SHARE WILL BE DEDUCT ON 5333/- OF
PF LIMIT 15000, 10 DAYS AMOUNT WILL BE 5000/-
WILL PF DEDUCTED ON WHICH AMOUNT
PLEASE HELP!
Thank you
Dear Vaishali,
Our learned members have given you very good suggestions on the aspect of employee-retention. That apart, they have advanced valid points of arguments for and against employment bonds as an alternative. In this regard, I am absolutely in agreement with M/s Saikumar and Satyanarayana. Unless the employer proves to the satisfaction of the Court about the compelling requirements of an employment bond, Courts normally would declare such bonds as opposed to Public Policy as per sec.23 of the Contract Act,1872 and declare them void. Also, you have not given any hints about " the security " reason necessitating the stay of the employees on the job compulsorily for a minimum period of three years. Alternatively, it can give an impression that the requirement of the jobs is just for a period of 3 years and thereafter the management can simply show them the exit.
Therefore, my suggestion, as an alternative to avoid legal complications and to instill confidence in the minds of the prospective employees, would be that you can consider the option of Fixed Term Contract Employment for 3 years initially with clear-cut longer duration of notice of unilateral exit clause and then the permanent berth of regular employment with continuity of service and attendant benefits on par with other regular employees of the organization subject to their completion of the entire contract period.
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An appointment letter is a bilateral agreement. You cannot unilaterally ask a candidate to abide your rules and regulations. On the other hand, you create an excellent work environment, create employee engagement, give proper career growth, identify performers, nurture them, find out what drives them to perform and develop their skills and competencies. If you do such things, no guy will leave the organisation. I started my career as Executive Secretary to one of the five board directors in 1978, with L&T in Delhi, after quitting Central Govt job (a permanent job) but retired from L&T after 31 years as Senior DGM and Head of HR, plus two years there as HR Consultant. Never once I thought of resigning and I am doing fantastic now, after retirement, travelling overseas for training and HR assignments, keeping me busy all the time for my soft skill / HR training work.
Normally the appointment letters are issued with mentioning of probation period of 6 months or 1 year as the case may be and on successful completion of probation period the services are confirmed But you cannot compel an employee to work continuously for a period of at least 3 years, rathe the HR should devise a proper policy to retain such employee.
Or else there is a provision for FIXED TERM EMPLOYMENT(Contractual) wherein you can make such provision for appointment of 3 years and of course with the applicability of terms and conditions as applicable for normal appointment letter.
9937822563/6370361410
Dear Vaishali,
Is that security reason means your employer self-centred/Unprofessional? Talented employees stay because they are:-
APPRECIATED
CHALLENGED
INVOLVED IN DECISIONS
LISTENED TO
MENTORED
PROMOTED
PAID WELL (BETTER EMOLUMENTS)
Regards,
Mohan Nair.
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