Hi,
With reference to above, i would like to bring few lines to your notice and possible suggestion.
I am employed with one of the IT company in Bangalore by signing a bond/service agreement letter for 2 years. I started working with this company since jan 09. Initially everything was well, and was working day/night to meet the necessary deadlines. However things started getting difficult as months proceeded. Here are the few things that happened.
1. First they reduced my salary to almost 30% what was offered at the time of joining the orgn.
2. When the query was asked, it was told that because of recession this action has been taken, but this is not true. Since all the employee were either given hike or no hike. In my case they took this action.
3. As days proceeded, my supervisor started ill-treating me in several fashions. As per the policy each employees can take cab/taxi expense after office hours especially in the late nights. However when i utilized the service and went for claim, he stated telling that you are going late because you didn't do the job within the scheduled time. Every employee was given but to my case this is the answer he provided.
4. After the business hours usually snacks were served to all the employee who are staying. However i was also utilizing this benefit, but again my supervisor started talking to me that i am staying here because of taking the snack. With this i was really depressed and i immediately stopped taking any of the snack from there onwards. This has happened in March 09 itself. i.e. after joining 3 months to this org.
5. Things started going worst and my supervisor started insulting me in front of my team member that i am incapable and started illtreating. By looking at this other colleuges who were juniors to me also started insulting me in the same line. With this i was really depressed and i went to my supervisor and asked me to give me some days of leave (i.e. on loss of pay) as i had some work. What came to his mind was that i am planning to leave and he immediatly called the corporate lawyer and this lawyer stared threatening me and this made me even more comfortable to work. He stared telling me that if he goes to court he will ensure that he will make my life misrable. With this i lost complete scope or focus to work here. This has happened in the month of Sept 09.
After few days Oct 09 month came and everybody salary was given and my salary was not given. The reason they started telling that i have to get a gurantor to complete the bonding process and till i get some one they salary will not be paid. Then i informed them that i don't have anybody to give an gurantor, but only my wife can sign for it. Which they didn't agreed, saying that the gurantor should be professional.
Some how i made them convencied and said that i will try to look for some professional who can sign in for me and got my salary credited on 17th Oct 2009. As per my promise i explained my position to few of my friends/colleuges to bail me out by signing the gurantor, but none of them were willing and i couldn't able to fulfil it. With this i informed them that i will not be in a position to get any one. After completing this excerise again in the month of Nov 09 they didn't credit my salary and with this act i become little angry and when enquired they informed me to get the gurantor. Then i thought that this is too much and just informed them that eighter provide me the salary or relieve me from the duty and i just left office informing them that if you want me to see as employee kindly credit my salary or relieve me from the service. Again they started indicating that the legal process will be initiated and will be suied as per the agreement.
This made me little anoyed and i started looking into the agreement and in that there was one point. The point says that in case if there is any change in the service agreement or company policy the agreement stands void. The exact sentence is as follows:-
If any provisions of this SERVICE AGREEMENT or application thereof to any party or circumstances shall be declare void, illegal or unenforceable, the reminder of this SERVICE AGREEMENT shall be valid and enforceable to the extent permitted by applicable law, in such event, parties shall use their best efforts to replace the invalid or unenforceable provisions by a provision that, to the extent permitted by the applicable law, achieves the purpose intended under the invalid or unenforceable provisions. Any deviation by either party from the terms and provisions of this SERVICE AGREEMENT in order to comply with applicable law, rules or regulations shall not be considered a breach of this SERVICE AGREEMENT.
Now with this point in mind i have asked them to relive me from the service of the orgn or make the new bond as per the agreement.
Now my question is :-
1. Can this point stands valid?
2. Since i had signed the agreement based on the policy and salary offered to me at the time of agreement and because of changing scenarios they have taken all the necessary benefits by taking 30 % of my salary. In addition they also made a new company policy indicating that the employee has to come to office before 10:00 AM and in case if he comes late by a minute he will be deemed to take 0.5 days of Loss of pay but has to work for 8 hours.
Kindly suggest me how shall i go about this, I would have not mind working for this orgn to complete my bonding time is completed, but this circumstances had made me or compled me to take this decision.
Requesting some one to kindly provide me some legal measures on this issue.
Thanks
sanji.
With reference to above, i would like to bring few lines to your notice and possible suggestion.
I am employed with one of the IT company in Bangalore by signing a bond/service agreement letter for 2 years. I started working with this company since jan 09. Initially everything was well, and was working day/night to meet the necessary deadlines. However things started getting difficult as months proceeded. Here are the few things that happened.
1. First they reduced my salary to almost 30% what was offered at the time of joining the orgn.
2. When the query was asked, it was told that because of recession this action has been taken, but this is not true. Since all the employee were either given hike or no hike. In my case they took this action.
3. As days proceeded, my supervisor started ill-treating me in several fashions. As per the policy each employees can take cab/taxi expense after office hours especially in the late nights. However when i utilized the service and went for claim, he stated telling that you are going late because you didn't do the job within the scheduled time. Every employee was given but to my case this is the answer he provided.
4. After the business hours usually snacks were served to all the employee who are staying. However i was also utilizing this benefit, but again my supervisor started talking to me that i am staying here because of taking the snack. With this i was really depressed and i immediately stopped taking any of the snack from there onwards. This has happened in March 09 itself. i.e. after joining 3 months to this org.
5. Things started going worst and my supervisor started insulting me in front of my team member that i am incapable and started illtreating. By looking at this other colleuges who were juniors to me also started insulting me in the same line. With this i was really depressed and i went to my supervisor and asked me to give me some days of leave (i.e. on loss of pay) as i had some work. What came to his mind was that i am planning to leave and he immediatly called the corporate lawyer and this lawyer stared threatening me and this made me even more comfortable to work. He stared telling me that if he goes to court he will ensure that he will make my life misrable. With this i lost complete scope or focus to work here. This has happened in the month of Sept 09.
After few days Oct 09 month came and everybody salary was given and my salary was not given. The reason they started telling that i have to get a gurantor to complete the bonding process and till i get some one they salary will not be paid. Then i informed them that i don't have anybody to give an gurantor, but only my wife can sign for it. Which they didn't agreed, saying that the gurantor should be professional.
Some how i made them convencied and said that i will try to look for some professional who can sign in for me and got my salary credited on 17th Oct 2009. As per my promise i explained my position to few of my friends/colleuges to bail me out by signing the gurantor, but none of them were willing and i couldn't able to fulfil it. With this i informed them that i will not be in a position to get any one. After completing this excerise again in the month of Nov 09 they didn't credit my salary and with this act i become little angry and when enquired they informed me to get the gurantor. Then i thought that this is too much and just informed them that eighter provide me the salary or relieve me from the duty and i just left office informing them that if you want me to see as employee kindly credit my salary or relieve me from the service. Again they started indicating that the legal process will be initiated and will be suied as per the agreement.
This made me little anoyed and i started looking into the agreement and in that there was one point. The point says that in case if there is any change in the service agreement or company policy the agreement stands void. The exact sentence is as follows:-
If any provisions of this SERVICE AGREEMENT or application thereof to any party or circumstances shall be declare void, illegal or unenforceable, the reminder of this SERVICE AGREEMENT shall be valid and enforceable to the extent permitted by applicable law, in such event, parties shall use their best efforts to replace the invalid or unenforceable provisions by a provision that, to the extent permitted by the applicable law, achieves the purpose intended under the invalid or unenforceable provisions. Any deviation by either party from the terms and provisions of this SERVICE AGREEMENT in order to comply with applicable law, rules or regulations shall not be considered a breach of this SERVICE AGREEMENT.
Now with this point in mind i have asked them to relive me from the service of the orgn or make the new bond as per the agreement.
Now my question is :-
1. Can this point stands valid?
2. Since i had signed the agreement based on the policy and salary offered to me at the time of agreement and because of changing scenarios they have taken all the necessary benefits by taking 30 % of my salary. In addition they also made a new company policy indicating that the employee has to come to office before 10:00 AM and in case if he comes late by a minute he will be deemed to take 0.5 days of Loss of pay but has to work for 8 hours.
Kindly suggest me how shall i go about this, I would have not mind working for this orgn to complete my bonding time is completed, but this circumstances had made me or compled me to take this decision.
Requesting some one to kindly provide me some legal measures on this issue.
Thanks
sanji.