Hi! I joined a company with an employee strength of about 1500 one and a half months ago as Departmental Head. After about 15 days, the appointment letter was issued to me. When I read it, I objected to one of its clauses, which is reproduced below. The HR manager told me to sign it as it is a standard clause of the company's appointment letter. As per the appointment letter, I was on a probation period of six months. Now the clause is as follows:
"Further, in case you leave the organization suddenly without giving proper notice and completing your allocated work, and the company suffers any losses due to your negligence, the company has the right to impose penalties, hold salaries, and take legal action against you. The company can also claim liquidated damages up to Rs. 50000 only.
Further, in case you leave the organization at any time, or management terminates your services during the tenure, the company has the right to deduct an amount equal to your two months' salary."
Now, my questions are:
- Is this clause legal? How can a company bind its employees?
- Can I raise an objection to this clause?
- I've just completed 45 days. Can I leave the company by tendering my resignation, and how much would be the notice period?
- Can the company use the above clause against me if I resign from my present position?
Your suggestions/comments on the above are highly appreciated.
Regards, Vijay K.
From India, New Delhi
Acknowledge(1)
Amend(0)
1"Further, in case you leave the organization suddenly without giving proper notice and completing your allocated work, and the company suffers any losses due to your negligence, the company has the right to impose penalties, hold salaries, and take legal action against you. The company can also claim liquidated damages up to Rs. 50000 only.
Further, in case you leave the organization at any time, or management terminates your services during the tenure, the company has the right to deduct an amount equal to your two months' salary."
Now, my questions are:
- Is this clause legal? How can a company bind its employees?
- Can I raise an objection to this clause?
- I've just completed 45 days. Can I leave the company by tendering my resignation, and how much would be the notice period?
- Can the company use the above clause against me if I resign from my present position?
Your suggestions/comments on the above are highly appreciated.
Regards, Vijay K.
From India, New Delhi
Acknowledge(1)Amend(0)
Dear Seniors,
I joined an organization 6 months ago, but I still haven't received my appointment letter. Whenever I ask about it, they just give some excuse, saying they will provide it sometime, but until now, nothing. They have also retained my original certificates of BE & MBA. When asked to return them, they mentioned it is stated in the offer letter that the certificates should be submitted to them. However, it was only mentioned to produce them at the time of joining. During joining, I had given a photo, a set of photocopies, and 2 originals. Now, they are neither returning them nor providing any appointment letter.
Recently, I had the opportunity to see my colleagues' appointment letters. It was mentioned in theirs to submit the original certificates to the company and that they would be returned upon leaving the company. I find it unethical to inform us at a later stage; this should have been communicated earlier, perhaps during the interview or at least in the offer letter, so we could have considered it before leaving our previous job.
Furthermore, the appointment letter states that the candidate should not leave the company within 1 year of joining, but there is no corresponding clause.
I seek your guidance on how to resolve this issue and how to deal with it. I am concerned about my certificates being held up in this manner.
Regards,
Revathi.
From India, Pune
Acknowledge(1)Amend(0)
I joined an organization 6 months ago, but I still haven't received my appointment letter. Whenever I ask about it, they just give some excuse, saying they will provide it sometime, but until now, nothing. They have also retained my original certificates of BE & MBA. When asked to return them, they mentioned it is stated in the offer letter that the certificates should be submitted to them. However, it was only mentioned to produce them at the time of joining. During joining, I had given a photo, a set of photocopies, and 2 originals. Now, they are neither returning them nor providing any appointment letter.
Recently, I had the opportunity to see my colleagues' appointment letters. It was mentioned in theirs to submit the original certificates to the company and that they would be returned upon leaving the company. I find it unethical to inform us at a later stage; this should have been communicated earlier, perhaps during the interview or at least in the offer letter, so we could have considered it before leaving our previous job.
Furthermore, the appointment letter states that the candidate should not leave the company within 1 year of joining, but there is no corresponding clause.
I seek your guidance on how to resolve this issue and how to deal with it. I am concerned about my certificates being held up in this manner.
Regards,
Revathi.
From India, Pune
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Appointment Letter to an Employee for fixed period.doc
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf