Are Agreements Legal - CiteHR
Kriyaz
Executive
Brandon 69
Manager - Hr
Gayathrisk
It Recruiter

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Hi all,
I am a recruiter working for a software company. I have signed an agreement for 1 and a half years with the company which i work for. The company has also taken my original marksheets and certificates(they say its a company policy). Now its been 9 months since i joined. I face health problems due to night shifts and am planning for a change. Now breaking the agreemnet without paying the compensation - is it valid or is there any legal means to move forward. HR advisors please advice. Also let me know whether is it a practice getting the certificates.
I heard from some of the HRs that since its a unilateral agreemnet its void. But since the company has my certificates am a bit scared to break the bond. In the same time i also dont wanna miss out good opportunities costing my health here. Please advise.
Regards,
Gayathri

Hello,

I have known instances wherin the company has filed for legal action against employees who break the service agreement; so cannot be 100% sure about what could happen if you do break the bond.

However, the primary concern is getting back your originals(I posted an article on such an outrageous practice last night)

In the first place, take it from me: Never submit your originals....not even a single one, with any employer: If they cannot trust you even after you sign an 18 month bond, then simply tell them to find someone else; I faced a similar experience recently and refused to submit even a single original and I blasted the HR director there and did not join that company: one of my friends who works in another company as Assistant Manager- HR had also advised me NEVER to submit even a single of my originals with any company no matter what they say. They are your life's achievement!

So, more importantly than the worry about bond, get back your originals: did they give you anything on notary form acknowledging that they have kept your originals?

Sorry to know about your health problems: you could try to obtain a certificate to the same from a good hospital.

Hi Romil This system of Keeping the originals is just exploitation, Please post your article here and inform everybody about it. Riyaz
Hi Riyaz,

Yes, I did post an article to this affect here in the Legal section:"submission of original docs with the employer???!!!!" I posted a day or so ago; and responded to the query by the author of this particular topic by posting my reply just before yours.

I am not sure if I should actually name that stupid Company or not which imagined I would humbly submit my originals with them; however it is an IT Company in Noida.

I would just say to everyone: No matter what your prospective employer says to you...like its a company policy or some such drivel, one must never submit not even a single original doc with any company.

Incidently one of my former colleagues submitted his class 10th marksheet with a company (its an international BPO in noida) a few years ago...yeah, a few years ago, and even though its been more than 2 years he left that company, he has not been returned that original.

I would say its better to sit at home, unemployed, rather than give in to such outrageous demands of any company in the haste of joining.

As you said: It is just a way of exploitation by the companies who make such demands.

Cheers!

R.S.


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