Breaking Of Service Agreement...

The manangement alwyas reserves the right to condone any penal cluase/action. You can go ahead, however for safeguarding future you can take an application from her & based on that you can condone without creating any precedence in future

Hi frnds,
I got into a grt problem. I tried talking to the person breaking bond....but she is not at all interested for any kind of adjustment......as if we have another people from the same college who are under bond, if she doesnt make any settlement, it is gonno give the others hands on to get relive from the services......Please please let me know wat should i do so that either she agrees to make some sort of settlement.
Regards,
Neha Khale

Hi Neha,
I have tried to let you know certain steps in my bellow replies,however presently it is difficult to coment further since we are not exactly aware what are the contents of the Agreement. If we know the details you might get some strong advice from group members.
It is appropriate at this point of time that you must seek some Lawyers advice before it gets further complicated.
I have gone through similar situations in my company in past.
You may please give your Tel no. we may help you and give our Advocates details who handeled our case in past years or you may please contact me on my cell: 9820775178.
Regards
mahesh prasad

Hi Neha,
Is the employee asking for relieving letter?
Relieving letter is very importanat in finding a job. If the employee wants to leave without a relieving letter, let her go. I am sure, her classmates would not follow the suit as they would need it for future jobs.
If she asks for a relieving letter, in full and final settlement, you can ask her to pay the bond amount. If she is not willing to go for final settlement, dont relieve her. Let her go if she wants without getting relieved...
Hope this will help a little.
Regards

Hi Neha,
On humanitarian ground you can leave her. But it shouldn't be the practice. Make your policy in such a way so that you can release any one in lieu of notice pay. You can not force anybody. Whats your policy says in this regard!

hi! neha,
only mahesh has provided you the best solution as under no circumtances you can stop your employee to leave you except you have got the service agreement registered with respective sub registrar. this is very complex affair and none of the organisation venture into this process. so best is say good bye to her with a big cheeeeeeeze !

Thanks everyone,
I am really glad to have lots many replies. I will surely get in touch with you Mr. Mahesh , as it is really a serious problem, as if, i f we relive her from the duities without any action it means the bond is just another kind of rough papers.
as one of our collegues has asked abt the points we have mentioned in the bond...were tht the personbreaking the bond has to pay an amt of 50,000 Rs to get relived from the duties and wouldnt be providided with any reliving benifits.
She dont want any reliving benifits and anything....i guess its better to go with laws and ask her to make settlement through court...
Thanks a lot guys once again
Regards,
Neha Khale

Dear All,
Iam also facing a similar situation.One of our employee got Govt. Job and had requested to relieve him at the earliest.After discussing with the mgmt, we decided to cancel the agreement and relieve him ,but asked to give 15 days notice period ( as per policy its 30 days). He is not ready for that also and told us he needs to join on 1st July.
Friends, let me know ur opinion in this case and guide me to take a decision without causing trouble to other employees.
Regards
Binu

Dear Nehakhale
Generally all service agreements have a clause which mentions an amount called Liquidated Damages which the employee has to pay in case he breaches the agreement for any reason whatsoever. Pl. check up your agreement document whether it mentions of a liquidated damages amount or not. If yes then that amonut the employee should pay.
In case there is no such provision then the amount can be negotiated mutully. However take care in deciding it as the agreed amount will become a sort of precedent.
Thanks
Mohan.

Since the employee is leaving with the spouse, there is little you can do! The employee will anyway leave no matter what! So it would rather be a good idea to relook your bond clauses for future similar incidents.