Hi all,
I recently joined a company and signed an appointment letter for 3 years. There is no bond here. I want to know whether the clauses and their policies are legal. They didn't inform me about these clauses during the interview and while giving an offer. Now I feel I am trapped. Some of the clauses are as below:
1) No notice period is applicable until you complete 3 years. After 3 years, only a 1-month notice period applies.
2) Every year, you need to apply for an appraisal. If the company gives a hike, then you can't resign for the next 1 year, even if you have completed 3 years in the company. If you resign, then you need to pay training costs, the non-compete costs for the entire tenure, appraisal, and any bonus received for that year.
3) For a particular year, if you are not sure about employment, then you should not apply for appraisal as per their policies. The risk is if you don't apply for an appraisal, they will come to know that you are searching for another job, and they may find another candidate and remove you. Isn't this a trap?
4) If you resign before 3 years, they won't give the relieving letter, and the notice period is only applicable after the completion of 3 years.
5) Login time is 8:15 am, with a grace period of 15 minutes. If you arrive at 8:31 am, it's considered a late entry. Two late entries are allowed in a month. For the 3rd late entry, half-day leave will be deducted. If no leaves are available, then it's leave without pay.
6) Lunchtime is from 1 to 1:45 pm. If you log in at 8:31 am (1 minute late) in the morning and log in at 1:46 pm (1 minute late) after lunch, it's considered 2 late entries, and half-day leave will be deducted. These login rules are not mentioned in the appointment letter.
7) Leave without pay (LOP) is not mentioned in the salary slip.
8) 12 casual leaves in a year. Only 1 casual leave per month is allowed. Taking 2 casual leaves in a month results in leave without pay. Privilege leave (PL) for every 20 days. You need to take a minimum of 3 days of PL. Not allowed to take just 1 PL. No sick leaves available.
9) For any dispute, employees can go to court at their own cost and risk.
10) Now, how can I leave this company before 3 years as no notice period is applicable until 3 years, and they won't provide a relieving letter if you resign before 3 years? I feel trapped.
From India, Bengaluru
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I recently joined a company and signed an appointment letter for 3 years. There is no bond here. I want to know whether the clauses and their policies are legal. They didn't inform me about these clauses during the interview and while giving an offer. Now I feel I am trapped. Some of the clauses are as below:
1) No notice period is applicable until you complete 3 years. After 3 years, only a 1-month notice period applies.
2) Every year, you need to apply for an appraisal. If the company gives a hike, then you can't resign for the next 1 year, even if you have completed 3 years in the company. If you resign, then you need to pay training costs, the non-compete costs for the entire tenure, appraisal, and any bonus received for that year.
3) For a particular year, if you are not sure about employment, then you should not apply for appraisal as per their policies. The risk is if you don't apply for an appraisal, they will come to know that you are searching for another job, and they may find another candidate and remove you. Isn't this a trap?
4) If you resign before 3 years, they won't give the relieving letter, and the notice period is only applicable after the completion of 3 years.
5) Login time is 8:15 am, with a grace period of 15 minutes. If you arrive at 8:31 am, it's considered a late entry. Two late entries are allowed in a month. For the 3rd late entry, half-day leave will be deducted. If no leaves are available, then it's leave without pay.
6) Lunchtime is from 1 to 1:45 pm. If you log in at 8:31 am (1 minute late) in the morning and log in at 1:46 pm (1 minute late) after lunch, it's considered 2 late entries, and half-day leave will be deducted. These login rules are not mentioned in the appointment letter.
7) Leave without pay (LOP) is not mentioned in the salary slip.
8) 12 casual leaves in a year. Only 1 casual leave per month is allowed. Taking 2 casual leaves in a month results in leave without pay. Privilege leave (PL) for every 20 days. You need to take a minimum of 3 days of PL. Not allowed to take just 1 PL. No sick leaves available.
9) For any dispute, employees can go to court at their own cost and risk.
10) Now, how can I leave this company before 3 years as no notice period is applicable until 3 years, and they won't provide a relieving letter if you resign before 3 years? I feel trapped.
From India, Bengaluru
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Hi All,
I recently joined a company and signed an appointment letter for 3 years. There is no bond here. I want to know whether the clauses and their policies are legal. They didn't inform me about these clauses during the interview and while giving the offer. Now I feel I am trapped. Some of the clauses are as below:
1) No notice period applicable until you complete 3 years. After 3 years, only a 1-month notice period is applicable.
2) Every year, you need to apply for an appraisal, and if the company gives a hike, then you can't resign for the next 1 year, even if you have completed 3 years in the company. If you resign, then you need to pay training costs, non-compete costs for the entire tenure, appraisal, and any bonus received for that year. The above costs are applicable if they terminate you for any reason also.
3) For a particular year, if you are not sure about employment, then you should not apply for an appraisal as per their policies. (The risk is if you don't apply for appraisal, they will come to know that you are searching for some other job, and they may find another candidate and remove you). Isn't this a trap?
4) If you resign before 3 years, they won't give a relieving letter, and the notice period is applicable only after the completion of 3 years.
5) Login time is 8:15 am, grace is 15 minutes. If you arrive at 8:31 am, it's considered a late entry. Two late entries are allowed in a month. For the 3rd late entry, half-day leave will be deducted. If no leaves are available, then it's LOP.
6) Lunchtime is from 1 to 1:45 pm. If you log in at 8:31 am (1 minute late) in the morning and log in at 1:46 pm (1 minute late) after lunch, it's considered 2 late entries, and half-day leave will be deducted. These login rules are not mentioned in the appointment letter.
7) LOP is not mentioned in the salary slip.
8) 12 casual leaves in a year. Only 1 CL per month. If you take 2 CLs in a month, it's LOP. PL for every 20 days. PL you need to take a minimum of 3 days only. 1 PL is not allowed. No sick leaves available.
9) For any dispute, an employee can go to court at his own cost and risk.
10) Now, how to come out of this company before 3 years as no notice period is applicable until 3 years, and they won't give a relieving letter if you resign before 3 years. How to get a relieving letter? I feel I am trapped.
From India, Bengaluru
Acknowledge(0)Amend(0)
I recently joined a company and signed an appointment letter for 3 years. There is no bond here. I want to know whether the clauses and their policies are legal. They didn't inform me about these clauses during the interview and while giving the offer. Now I feel I am trapped. Some of the clauses are as below:
1) No notice period applicable until you complete 3 years. After 3 years, only a 1-month notice period is applicable.
2) Every year, you need to apply for an appraisal, and if the company gives a hike, then you can't resign for the next 1 year, even if you have completed 3 years in the company. If you resign, then you need to pay training costs, non-compete costs for the entire tenure, appraisal, and any bonus received for that year. The above costs are applicable if they terminate you for any reason also.
3) For a particular year, if you are not sure about employment, then you should not apply for an appraisal as per their policies. (The risk is if you don't apply for appraisal, they will come to know that you are searching for some other job, and they may find another candidate and remove you). Isn't this a trap?
4) If you resign before 3 years, they won't give a relieving letter, and the notice period is applicable only after the completion of 3 years.
5) Login time is 8:15 am, grace is 15 minutes. If you arrive at 8:31 am, it's considered a late entry. Two late entries are allowed in a month. For the 3rd late entry, half-day leave will be deducted. If no leaves are available, then it's LOP.
6) Lunchtime is from 1 to 1:45 pm. If you log in at 8:31 am (1 minute late) in the morning and log in at 1:46 pm (1 minute late) after lunch, it's considered 2 late entries, and half-day leave will be deducted. These login rules are not mentioned in the appointment letter.
7) LOP is not mentioned in the salary slip.
8) 12 casual leaves in a year. Only 1 CL per month. If you take 2 CLs in a month, it's LOP. PL for every 20 days. PL you need to take a minimum of 3 days only. 1 PL is not allowed. No sick leaves available.
9) For any dispute, an employee can go to court at his own cost and risk.
10) Now, how to come out of this company before 3 years as no notice period is applicable until 3 years, and they won't give a relieving letter if you resign before 3 years. How to get a relieving letter? I feel I am trapped.
From India, Bengaluru
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You have recently joined a new company and are advising someone on how to handle certain terms and conditions they have encountered. It seems you are suggesting that they should look for another job immediately and inform the new employer about their current company's unfavorable practices, indicating a short tenure there should not be considered a valuable experience. You also mention the importance of understanding the terms clearly in the new company.
Regarding the specific terms you have commented on:
1) It's impractical, cannot withstand court scrutiny, and violates Standing Orders. You could leave without notice and disregard these terms.
2) The appraisal process is standard, requiring form completion. Disregard irrelevant clauses as enforcement is unlikely, though it may impact future background verification.
3) Appears nonsensical.
4) Suggesting an immediate departure to resolve the issue.
5) The morning sign-in clause is common, but the lunchtime requirement raises concerns. Consider leaving promptly.
7) Deemed insignificant.
8) Despite common practice, this term breaches the Shop & Establishment Act and Standing Orders.
9) Standard practice, questioning its necessity for mention.
Please review and consider these aspects in your advice on navigating these terms effectively in the new company.
From India, Mumbai
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2500Regarding the specific terms you have commented on:
1) It's impractical, cannot withstand court scrutiny, and violates Standing Orders. You could leave without notice and disregard these terms.
2) The appraisal process is standard, requiring form completion. Disregard irrelevant clauses as enforcement is unlikely, though it may impact future background verification.
3) Appears nonsensical.
4) Suggesting an immediate departure to resolve the issue.
5) The morning sign-in clause is common, but the lunchtime requirement raises concerns. Consider leaving promptly.
7) Deemed insignificant.
8) Despite common practice, this term breaches the Shop & Establishment Act and Standing Orders.
9) Standard practice, questioning its necessity for mention.
Please review and consider these aspects in your advice on navigating these terms effectively in the new company.
From India, Mumbai
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