Urgent Help Needed Regarding Employment Agreement
I have signed an agreement (not a contract). In the agreement, we agreed that one month's salary would be put as a security deposit (deducting 10,000 from the first three months). The agreement states that based on my performance after completing three months, the owner would decide to either continue or terminate my employment. However, despite completing seven months and 20 days, an unfortunate accident occurred, and I lost my phone while on my way to the office. Consequently, I was unable to connect with or inform the company. I had to leave the city for my village due to my injuries. After 15 days, I sent an email upon receiving an email notification from the company's website, explaining the situation and expressing my desire to continue working with the organization. They responded by stating that they would need to relieve me, and they would get back to me to complete the necessary formalities.
After 45 days, I followed up with them, only to be informed that they would not return my security deposit or the wages for the 20 days, as I needed to complete one year of service to be eligible for the deposit refund. Since I left before completing a year, they claimed I would not receive my money back, including the 20 days' wages, as I did not serve a 30-day notice period.
What should I do? Please help me.
From India, Mumbai
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I have signed an agreement (not a contract). In the agreement, we agreed that one month's salary would be put as a security deposit (deducting 10,000 from the first three months). The agreement states that based on my performance after completing three months, the owner would decide to either continue or terminate my employment. However, despite completing seven months and 20 days, an unfortunate accident occurred, and I lost my phone while on my way to the office. Consequently, I was unable to connect with or inform the company. I had to leave the city for my village due to my injuries. After 15 days, I sent an email upon receiving an email notification from the company's website, explaining the situation and expressing my desire to continue working with the organization. They responded by stating that they would need to relieve me, and they would get back to me to complete the necessary formalities.
After 45 days, I followed up with them, only to be informed that they would not return my security deposit or the wages for the 20 days, as I needed to complete one year of service to be eligible for the deposit refund. Since I left before completing a year, they claimed I would not receive my money back, including the 20 days' wages, as I did not serve a 30-day notice period.
What should I do? Please help me.
From India, Mumbai
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Employer's Right to Withhold Security Deposit
1. The employer is not entitled to take any money from you in the form of security or for any other reason in order to provide you employment. Therefore, the agreement itself is invalid.
2. If you have had an accident on your way to the office, you may be entitled to compensation under the Act. Make sure you have the police report and medical documents ready.
3. It seems that you were in an accident and then did not report for duty or inform them, which is your responsibility.
4. The employer cannot withhold any money taken from you, even if you have worked for just one day.
5. It appears that you need to provide an accurate account of the situation with all the relevant details before seeking any legal remedy.
6. Consult with a lawyer and explain all the details to them (do not omit any facts) so that appropriate action can be taken.
From India, Kolkata
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2471. The employer is not entitled to take any money from you in the form of security or for any other reason in order to provide you employment. Therefore, the agreement itself is invalid.
2. If you have had an accident on your way to the office, you may be entitled to compensation under the Act. Make sure you have the police report and medical documents ready.
3. It seems that you were in an accident and then did not report for duty or inform them, which is your responsibility.
4. The employer cannot withhold any money taken from you, even if you have worked for just one day.
5. It appears that you need to provide an accurate account of the situation with all the relevant details before seeking any legal remedy.
6. Consult with a lawyer and explain all the details to them (do not omit any facts) so that appropriate action can be taken.
From India, Kolkata
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SECURITY AGREEMENT.doc
Employment Agreement.pdf