Hello Seniors,
I am posting a case of my friend who urgently seek guidance on this -
My friend works in IT industry and joined this company about 1.5 years back. While joining she was not briefed about the terms and conditions. A formal appointment letter with service agreement was handed over only after a month's long tenure and by that time the service had picked up.
Now my friend has resigned with proper handover and notice period served. However HR claims that according to the service agreement, an employee who resigns before the bond expiry has to re-pay whole of the amount that company has paid him/her as salary. They are demanding my friend to give a salary for 1.5 years which was the employment period.
There was a discussion between the HR and my friend stating that if the whole amount earned is paid back to the company it would only mean there was nothing worthwhile contribution and HR said - YES.
I suggested to ask for training cost, negotiate to pay that and peacefully close the matter. But that was already communicated to the HR inspite of the fact that there was no training provided by the company.
What should be done in such thing.
The HR suggested my friend that if no money is to be paid then they can have a mutual settlement by giving a cheque amounting the due pay and do not write the date on it and give in writing that no employment would be accepted in 12 months from now.
My friend do not want to initiate any legal procedure. At the same time wants to know if there would be counter-results if discontinued to go to office (as the notice period is served as negotiated, pay recieved, they never accepted the resignation, but date was clearly mentioned in the resignation letter)
Also is it fair for a company to include such clause in service agreement? We all do know that such agreements are not legally viable and are signed only to discourage employees to resign but asking an employee to repay every penny that was paid in the service tenure is something really that one needs to think of before putting it into the agreement. Please advice and comment on this.
Kindly advice on the situation as early possible as it is little urgent.
Thanks in advance for the help and time.
I am posting a case of my friend who urgently seek guidance on this -
My friend works in IT industry and joined this company about 1.5 years back. While joining she was not briefed about the terms and conditions. A formal appointment letter with service agreement was handed over only after a month's long tenure and by that time the service had picked up.
Now my friend has resigned with proper handover and notice period served. However HR claims that according to the service agreement, an employee who resigns before the bond expiry has to re-pay whole of the amount that company has paid him/her as salary. They are demanding my friend to give a salary for 1.5 years which was the employment period.
There was a discussion between the HR and my friend stating that if the whole amount earned is paid back to the company it would only mean there was nothing worthwhile contribution and HR said - YES.
I suggested to ask for training cost, negotiate to pay that and peacefully close the matter. But that was already communicated to the HR inspite of the fact that there was no training provided by the company.
What should be done in such thing.
The HR suggested my friend that if no money is to be paid then they can have a mutual settlement by giving a cheque amounting the due pay and do not write the date on it and give in writing that no employment would be accepted in 12 months from now.
My friend do not want to initiate any legal procedure. At the same time wants to know if there would be counter-results if discontinued to go to office (as the notice period is served as negotiated, pay recieved, they never accepted the resignation, but date was clearly mentioned in the resignation letter)
Also is it fair for a company to include such clause in service agreement? We all do know that such agreements are not legally viable and are signed only to discourage employees to resign but asking an employee to repay every penny that was paid in the service tenure is something really that one needs to think of before putting it into the agreement. Please advice and comment on this.
Kindly advice on the situation as early possible as it is little urgent.
Thanks in advance for the help and time.