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IT company -Service agreement. What to do ?
27-Apr-2023 (In Labour & Service Law)
Hi Sir/Madam, I am ex employee of IT Company. I worked in IT Company for year exactly(15 Feb 2016-15 Feb 2017 ).At the time of resignation I had to pay Rs 50000 as per the service agreement as I didnt complete 2 years in IT Company .Service agreement was for 2 years. Now IT Company has changed the service agreement policy.New policy is with effect from April 1, 2017, IT Company has reduced the Trainee Service Agreement from 24 months to 12 months. This will be applicable to all employees who have joined IT Company as Trainees on or after April 1, 2015 and who are actively covered by the Service Agreement and were released on or after April 1, 2017. Do I legally can claim the 50,000 back.I had to pay the money that time because they wont give my experience certificate if I didnt pay the money.
As per the facts, you are not eligible to get Rs. 50000/- back. The new rules is applicable from first April, 2015 , therefore those employee who joined the service on or after first April, will get the benefit, not you.
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Adv. Safder Imam Md
Delhi | 25+ Answers
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There are two things to take note of -
1. You are not actively covered with the service agreement as you have left the organization in the month of February, 2017 itself, and
2. You have been released prior to April, 2017.
So technically you can't claim your refund and if you do then you may have to fight it a long battle in the court which will cost you way more than 50000.
1. You are not actively covered with the service agreement as you have left the organization in the month of February, 2017 itself, and
2. You have been released prior to April, 2017.
So technically you can't claim your refund and if you do then you may have to fight it a long battle in the court which will cost you way more than 50000.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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Dear, When you have signed the bond with the company for two years. You are covered for two years. New policy was not for you. So, you can't claim the amount now. As, the amount was to be paid according to agreement you signed at the time of joining the Company. Any specific query, can contact. Regards
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Adv. Amit Wahi
Delhi | 25+ Answers
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