I was working as an HR consultant for 25 days. They have not provided me with an offer letter or an appointment letter. Instead, they forced me to write on a ruled sheet that I would work with the company for 6 months. They did not offer any training, and I did not agree in writing to pay any penalty if I were to leave before the 6 months were up. Additionally, there is no guarantor mentioned in the agreement.
For the 25 days of work, they only paid me 2000rs. They made me sign another document stating that they paid me 2000rs for the work done in those 25 days. Due to the unfavorable working environment, I decided to leave the company.
Now, they are continuously calling me and threatening legal action to reclaim the 2000rs. They claim that I owe them the money and are threatening to take the matter to court. I am unsure whether I should repay the 2000rs. Is the agreement I signed legally binding? Can they take me to court over this issue? Please advise me on what I should do.
From India, Bangalore
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For the 25 days of work, they only paid me 2000rs. They made me sign another document stating that they paid me 2000rs for the work done in those 25 days. Due to the unfavorable working environment, I decided to leave the company.
Now, they are continuously calling me and threatening legal action to reclaim the 2000rs. They claim that I owe them the money and are threatening to take the matter to court. I am unsure whether I should repay the 2000rs. Is the agreement I signed legally binding? Can they take me to court over this issue? Please advise me on what I should do.
From India, Bangalore
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The demand made by the employer isn't legitimate. However, you need to have clarity on how you should approach the situation. Remaining silent will only push them to bully you more until they can reach you.
Looking forward to our legal experts on how to approach them.
From India, Mumbai
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1872Looking forward to our legal experts on how to approach them.
From India, Mumbai
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In my law class during my postgraduate studies, it was mentioned that a bond or agreement, even if verbal (not written), is valid. However, the question is: how would you prove that you entered into such an agreement? How can you make it evident in a court of law unless, of course, you have guarantors to sign?
Coming to Your Query
No appointment letter was given, but was there any discussion on the salary between you and your (former) employer? Did they provide you with any policy manual for their firm stating the probation period, joining, or separation policies, etc.?
They forced you to write on a ruled sheet that you would work with that company for 6 months. They did not provide any training, and you did not mention in that sheet that you would have to pay any money if you leave the company before 6 months. There is no guarantor for that.
You wrote on a sheet of paper that you'd work with them for 6 months. You must have signed below it. Have they signed it as well? Since training was not provided, they cannot claim any money from you. Service agreements in India are viable only if training is provided. We cannot force someone to work for us.
For your 25 days of work, they paid only 2000 INR. They made you write on another sheet that they paid you 2000 INR for your 25 days of work.
Did they pay you in cash? Did they provide you with any salary slip? I think they must have paid you in cash and not given you a slip, knowing that they made you sign on another paper stating they paid you for your 25 days of work.
Another Thing
Was either your 6-month service statement or your salary statement on the company's letterhead or on normal paper?
Now you left the company as the environment was not good.
Now they are calling you daily and threatening you to give back the money (2000 INR) and also stating they will go to court. Should you pay back that 2000 INR? Is that bond valid, and can they go to court? Please help me.
Validity of the Agreement/Bond
An agreement or bond is valid only if:
1. Both parties coming into agreement can benefit from it. Here, they asked you to pledge to work with them for at least 6 months, but they did not state if they would keep you for the same time, irrespective of circumstances.
2. Since training was not given, the bond cannot be validated.
3. Since the signed letter did not mention the amount to be paid if either party terminates the service bond, you are not liable to pay anything.
4. Regarding the 2000 INR you received, they agreed that they paid you this amount for the work you did during your 25 days with them. So, they cannot ask you to return the salary as they cannot return the service you provided them.
However, I think seniors and legal advisors should validate these thoughts and provide some insights.
All the best
From India, Mumbai
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Coming to Your Query
No appointment letter was given, but was there any discussion on the salary between you and your (former) employer? Did they provide you with any policy manual for their firm stating the probation period, joining, or separation policies, etc.?
They forced you to write on a ruled sheet that you would work with that company for 6 months. They did not provide any training, and you did not mention in that sheet that you would have to pay any money if you leave the company before 6 months. There is no guarantor for that.
You wrote on a sheet of paper that you'd work with them for 6 months. You must have signed below it. Have they signed it as well? Since training was not provided, they cannot claim any money from you. Service agreements in India are viable only if training is provided. We cannot force someone to work for us.
For your 25 days of work, they paid only 2000 INR. They made you write on another sheet that they paid you 2000 INR for your 25 days of work.
Did they pay you in cash? Did they provide you with any salary slip? I think they must have paid you in cash and not given you a slip, knowing that they made you sign on another paper stating they paid you for your 25 days of work.
Another Thing
Was either your 6-month service statement or your salary statement on the company's letterhead or on normal paper?
Now you left the company as the environment was not good.
Now they are calling you daily and threatening you to give back the money (2000 INR) and also stating they will go to court. Should you pay back that 2000 INR? Is that bond valid, and can they go to court? Please help me.
Validity of the Agreement/Bond
An agreement or bond is valid only if:
1. Both parties coming into agreement can benefit from it. Here, they asked you to pledge to work with them for at least 6 months, but they did not state if they would keep you for the same time, irrespective of circumstances.
2. Since training was not given, the bond cannot be validated.
3. Since the signed letter did not mention the amount to be paid if either party terminates the service bond, you are not liable to pay anything.
4. Regarding the 2000 INR you received, they agreed that they paid you this amount for the work you did during your 25 days with them. So, they cannot ask you to return the salary as they cannot return the service you provided them.
However, I think seniors and legal advisors should validate these thoughts and provide some insights.
All the best
From India, Mumbai
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Like (Cite Contribution) & Ankita Shah mentioned, you don't really have to worry.
@ Ankita Shah - I think you got confused about the salary she was paid - she said it's 2000 & not 25K.
Next Course of Action
Coming to your next course of action, I suggest you put your side of the story in writing. If you wish, you can pick out some of the points mentioned by (Cite Contribution) & Ankita Shah above and send them through an email to the concerned person/official.
In case they call you again and take the same stand (of going to court), please tell them that you have already contacted your lawyer, who is suggesting going legal for mental torture and costs. This would very likely be much more than the 2000/- they are expecting you to return. If they really have any idea of what it costs to go legal with the sort of case they have, that could be the last you will hear from them.
All the best.
Regards,
TS
From India, Hyderabad
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@ Ankita Shah - I think you got confused about the salary she was paid - she said it's 2000 & not 25K.
Next Course of Action
Coming to your next course of action, I suggest you put your side of the story in writing. If you wish, you can pick out some of the points mentioned by (Cite Contribution) & Ankita Shah above and send them through an email to the concerned person/official.
In case they call you again and take the same stand (of going to court), please tell them that you have already contacted your lawyer, who is suggesting going legal for mental torture and costs. This would very likely be much more than the 2000/- they are expecting you to return. If they really have any idea of what it costs to go legal with the sort of case they have, that could be the last you will hear from them.
All the best.
Regards,
TS
From India, Hyderabad
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Already, our members have posted some valuable inputs. Just to add, in the future, please be careful. Any professional organization (big or small) will give you an offer/appointment letter on the company letterhead. Regarding the signing of a bond/agreement (wherever applicable), the company will provide you with the document, and you have to read it carefully before signing. The document is not applicable until it is signed by both the employer and the employee.
Keep in mind these few reference points and tips given by other members whenever you take up your next assignment. To tackle the present situation, you already have a handful of suggestions.
ALL THE BEST!!
Regards,
Gia
From India, Pune
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Keep in mind these few reference points and tips given by other members whenever you take up your next assignment. To tackle the present situation, you already have a handful of suggestions.
ALL THE BEST!!
Regards,
Gia
From India, Pune
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No need to worry. There is no bond or agreement that is valid as per the Karnataka Shops & Commercial Establishments Act. According to the Minimum Wages Act, they didn't even pay the wage that should have been paid to you. Next time if they call you or threaten you, simply tell them to go to court, or else inform them that you will file a complaint with the labor department, and they will never call you back. If you need any more suggestions, you can reach out to me.
From India, Bangalore
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From India, Bangalore
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Minimum Wage Concerns and Legal Advice
Which state are you in? The amount paid to you is less than the minimum wages. You can actually go to the labor officer and complain if you wish. The minimum wage rates in Bangalore would definitely be above 5500 per month. Twenty-five days of working is almost a month, so you don't really have to worry about them going to court.
In any case, only a fool will go to court for ₹2000. The lawyer fees will be far above that. To my mind, you can ignore them. If you wish, give a letter to them in reply. If you wish, complain to the labor officer, though personally, I have doubts about the efficacy of that move. In case of continued harassment, you can also complain to the police. Again, something that has less value, unless you know someone in the police department.
From India, Mumbai
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Which state are you in? The amount paid to you is less than the minimum wages. You can actually go to the labor officer and complain if you wish. The minimum wage rates in Bangalore would definitely be above 5500 per month. Twenty-five days of working is almost a month, so you don't really have to worry about them going to court.
In any case, only a fool will go to court for ₹2000. The lawyer fees will be far above that. To my mind, you can ignore them. If you wish, give a letter to them in reply. If you wish, complain to the labor officer, though personally, I have doubts about the efficacy of that move. In case of continued harassment, you can also complain to the police. Again, something that has less value, unless you know someone in the police department.
From India, Mumbai
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Employee Salary file - India 2016 AB.xls
BOND BY AN EMPLOYEE FOR NOT ENGAGING HIMSELF.doc