I am working for a software company for the past 2 years. When I joined, they had only a 2-month notice period. Now, after 2 years, they have placed me at the client's location and made me sign an agreement. The agreement includes the following points:
1. 6 months of notice period.
2. If we violate the rules, we need to pay 6 months of CTC.
3. We are not supposed to join the client's place as an employee.
4. The management has the right to make any decision about our relieving.
They have given only one copy of the agreement to sign.
My Questions
1. If only the employer has a copy of the agreement, is it legal or illegal since they have not provided a copy to me (the employee)?
2. If they ask me to pay the 6 months' CTC, do I need to pay only the basic salary or the entire CTC (including HR, medical allowances)?
Please help me with these concerns.
From India, Bangalore
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11. 6 months of notice period.
2. If we violate the rules, we need to pay 6 months of CTC.
3. We are not supposed to join the client's place as an employee.
4. The management has the right to make any decision about our relieving.
They have given only one copy of the agreement to sign.
My Questions
1. If only the employer has a copy of the agreement, is it legal or illegal since they have not provided a copy to me (the employee)?
2. If they ask me to pay the 6 months' CTC, do I need to pay only the basic salary or the entire CTC (including HR, medical allowances)?
Please help me with these concerns.
From India, Bangalore
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Employee Agreement and Notice Period Clarification
The employee must have a copy of the agreement to know which document they have signed. Secondly, CTC means the entire salary. There is no bifurcation if it says CTC.
Also, the notice period clause is acceptable, and the clause stating that you cannot join the client is also justifiable, as your company and the client may have a non-compete agreement in place.
Regards,
Ashutosh Thakre
From India, Mumbai
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The employee must have a copy of the agreement to know which document they have signed. Secondly, CTC means the entire salary. There is no bifurcation if it says CTC.
Also, the notice period clause is acceptable, and the clause stating that you cannot join the client is also justifiable, as your company and the client may have a non-compete agreement in place.
Regards,
Ashutosh Thakre
From India, Mumbai
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Yes, it's CTC, which refers to the overall package like ₹3,00,000 P/A or ₹4,00,000 P/A. It's advisable to ask for a photocopy for safety reasons. A one-sided agreement is illegal; any agreement between an employee and employer should provide copies to both parties. If any problems occur in the future, you might face issues. The management will make the decision regarding relieving. Before signing the agreement, clarify the relieving part with them, including the type of decision and its contents. Clarify what aspects are included in rule violations before proceeding with the agreement, if desired. Based on my knowledge, it's better not to sign such agreements.
Regards.
From India, Mumbai
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Regards.
From India, Mumbai
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Legal Implications of Leaving Without Notice
If you talk about the legal point of view, they can only ask you to pay the 'Basic Salary' if you leave without notice. This essentially means that you may have to pay for 6 months of basic salary to walk out of your contract. They cannot legally force you to pay CTC for 6 months.
From India, Delhi
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If you talk about the legal point of view, they can only ask you to pay the 'Basic Salary' if you leave without notice. This essentially means that you may have to pay for 6 months of basic salary to walk out of your contract. They cannot legally force you to pay CTC for 6 months.
From India, Delhi
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Employment Agreement.pdf
Employment Agreement.doc
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