I recently joined a company and signed appointment letter for 3 years.There is no bond here.
I want to know whether the clauses and their policies are legal.They didn't informed me about these clauses during interview and while giving offer.Now I feel I am trapped.
Some of the clauses are as below:
1) No notice period applicable till you complete 3 yrs.After 3 yrs only 1 month notice period applicable.
2) Every year you need to apply for appraisal and if company gives a hike then you can't resign for next 1 yr, even if you have completed 3 yrs in company.And if you resign then you need to pay training cost,non compete cost for entire tenure, appraisal and any bonus received for that year.Above cost applicable if they terminate you for any reason also.
3) For a particular year if you are not sure about employment,then you should not apply for appraisal as per their policies.(Risk is if you don't apply for appraisal they will come to know that you are searching for some other job and they may find another candidate and remove you).Isn't this a trap?
4) If you resign before 3 yrs they won't give releiving letter and notice period applicable only after completion of 3 yrs.
5) Login time is 8.15 am, grace is 15 mins.If you come at 8.31 am,it's considered late entry.2 late entries allowed in a month.For 3rd late entry half day leave will be deducted.If no leaves available then it's LOP.
6) Lunch time is 1 to 1.45 pm.If you login at 8.31 am(1 min late) in morning and login at 1.46 pm(1 min late) after lunch,it's considered 2 late entries and half day leave will be deducted.These login rules not mentioned in appointment letter.
7) LOP they don't mention in salary slip.
8)12 casual leaves in a year.Only 1 CL per month.If you take 2 CL in a month it's LOP.PL
for every 20 days.PL you need to take minimum 3 days only.1 PL not allowed.No sick leaves available.
9) For any dispute employee can go to court at his own cost and risk.
10) Now how to come out of this company before 3 yrs as no notice period applicable till 3 yrs and they won't give releiving letter if you resign before 3 yrs.How to get relieving letter.I feel I am trapped.
From India, Bengaluru
Search for another job immediately and tell the new employer that the company is a bad employer so you are leaving in a very short time and not to consider that experience at all. In the next company, ensure you know the terms clearly.
As for the terms, my comments are below.
1) Its stupid, can't stand scrutiny of courts. In violation of Standing Orders. You can walk off without notice and show them a middle finger.
2) Appraisal process is normal and you generally need to fill in the form. Its not called apply anywhere, but its the same. Rest of the clauses are crap and you can ignore it. They will find it impossible to enforce it, but you will not get documents or get a bad BGV remark.
3) Even more stupid.
4) Leave right now. End the matter
5) Standard clause for morning sign-in, but no one does this for lunch. Raises many red flags. Again, leave as fast as you can.
8) Many companies follow this, but it violates shop & Establishment act and Standing Orders
9) That is standard. Why does it even need to be mentioned?
From India, Mumbai