Dear Seniors,
I would be pleased if you can clarify me on the following aspects.
1. We follow the procedure of 2 years of agreement (bond) for the employees for which we have 2 months as training period, 6 months of probation period and than followed by employment confirmation. Now i request your clarification that when should we take this agreement ? on day one of training or after training and commencement of Probation period or after employment confirmation?????
# If we take on first day of training than , than it will be only 16 months of employment as 2 months is for training and next months is probation period in the stipulated 6 months.
# If we assume to take after completion of training period than we are facing the problem of candidates leaving the organization after learning the required skills.
# If we assume to take on employment confirmation (after completion of probation period) than we are facing a difficulty that employees deny to accept and sign for a bond.
So kindly please clarify the above said and i would be very thankful if someone provide few guidelines to make the procedure of 2 years agreement clear.
Regards,
Raj.
From India, Hyderabad
2I would be pleased if you can clarify me on the following aspects.
1. We follow the procedure of 2 years of agreement (bond) for the employees for which we have 2 months as training period, 6 months of probation period and than followed by employment confirmation. Now i request your clarification that when should we take this agreement ? on day one of training or after training and commencement of Probation period or after employment confirmation?????
# If we take on first day of training than , than it will be only 16 months of employment as 2 months is for training and next months is probation period in the stipulated 6 months.
# If we assume to take after completion of training period than we are facing the problem of candidates leaving the organization after learning the required skills.
# If we assume to take on employment confirmation (after completion of probation period) than we are facing a difficulty that employees deny to accept and sign for a bond.
So kindly please clarify the above said and i would be very thankful if someone provide few guidelines to make the procedure of 2 years agreement clear.
Regards,
Raj.
From India, Hyderabad
Dear Raj
What Type of training you are imparing is very important.what your empoyees does in training period is also important.
See,these tyoe of bond does not have legal identity in india and these agreement does not stand valid when it go in court of law.
now come to your query,please make agreement from date of joining only
From India, Delhi
What Type of training you are imparing is very important.what your empoyees does in training period is also important.
See,these tyoe of bond does not have legal identity in india and these agreement does not stand valid when it go in court of law.
now come to your query,please make agreement from date of joining only
From India, Delhi
Hello Raj,
If the 2 year bond is there then an employee must complete 2 years in your company. Because he/she is legally bound.
You can do one thing take original certificates or you can take a cheque of say equivalent to three months of salary of that employee when he/she is joined. Put a condition before them that incase if they have break the bond then company will deposit a cheque.
I know bond is not legal but its a legal paper in that you have indicated few things, make it Franking then no one can deny for this.
Its not because we are pushing the candidate to stay but its the major problem in every company(Mostly in the IT companies) that the employee will leave after learning everything.. even company take care of everything..
From India, Pune
If the 2 year bond is there then an employee must complete 2 years in your company. Because he/she is legally bound.
You can do one thing take original certificates or you can take a cheque of say equivalent to three months of salary of that employee when he/she is joined. Put a condition before them that incase if they have break the bond then company will deposit a cheque.
I know bond is not legal but its a legal paper in that you have indicated few things, make it Franking then no one can deny for this.
Its not because we are pushing the candidate to stay but its the major problem in every company(Mostly in the IT companies) that the employee will leave after learning everything.. even company take care of everything..
From India, Pune
Dear Sneha
i appreciate your efforts to help the Raj so he can hold the manpower which leaves after getting training but we have to follow the law of land.The suggestions which you have given is not legal .Taking some one original certicate or cheque with dishonest intention
is criminal offence under section 403 of indian penal code punishable upto 2 years of imprisonment.so we should not adopt illegal practices.
in my view ,After getting the training individual should be paid his market worth but generally we donot pay market worth to them ,than they leaves the company.
We have hired in our previous company so many graduate engineers on stipend
and almost all has left even after completing 6 months.they got to know the
techniques and take job with our competitor on heigher salary.so we have to give them their market worth.
From India, Delhi
i appreciate your efforts to help the Raj so he can hold the manpower which leaves after getting training but we have to follow the law of land.The suggestions which you have given is not legal .Taking some one original certicate or cheque with dishonest intention
is criminal offence under section 403 of indian penal code punishable upto 2 years of imprisonment.so we should not adopt illegal practices.
in my view ,After getting the training individual should be paid his market worth but generally we donot pay market worth to them ,than they leaves the company.
We have hired in our previous company so many graduate engineers on stipend
and almost all has left even after completing 6 months.they got to know the
techniques and take job with our competitor on heigher salary.so we have to give them their market worth.
From India, Delhi
Dear members, Thanks for your contribution. Furthermore, Malik do you mean is it crime to keep any original academic certificate of the employees??? Please clarify. Regards, Raj
From India, Hyderabad
From India, Hyderabad
Hello Malik,
Might be you're right but one thing I definitely would like to say..... Dishonest Intention...!!!!! Not at all, it sounds like we are exploiting employees. Rather its just mutual agreement between company and employee. In this there is no pressure on employee to sign it, if not then why he/she sign it..!! Its the clear thing both should have to complete their commitment, if an employee do not complete its commitment then how he/she expect that company must understand his/her situation!!
And one very pathetic truth is that though you provide salary as per market rate and providing various welfare facilities he/she will go..
From India, Pune
Might be you're right but one thing I definitely would like to say..... Dishonest Intention...!!!!! Not at all, it sounds like we are exploiting employees. Rather its just mutual agreement between company and employee. In this there is no pressure on employee to sign it, if not then why he/she sign it..!! Its the clear thing both should have to complete their commitment, if an employee do not complete its commitment then how he/she expect that company must understand his/her situation!!
And one very pathetic truth is that though you provide salary as per market rate and providing various welfare facilities he/she will go..
From India, Pune
Dear Sneha,
The basic premise of this agreement or bond is there is a problem of attrition which an employer is trying to address.
Try to take right message from what Mr Malik has said.
Many a times we wrongly presume that :
1. king can't commit a mistake.
2. that poor job applicant is at receiving end, he is real needy and employer is obliging him by offering a job.
3. So employer is free to play any trick whether illegal or unethical.
4. that mostly job seekers are idiots, lack minimum IQ, so they should not or won't decipher from employer's dirty motives.
Good Employers who wants to achieve in life never forget that they also need a good employee to sustain their business as much as a prospective employee needs a job. If this employer succeeds in motivating this employee to stay with him in this journey of growth for both of them, both parties gain.This can be achieved by right selection, right salary / wages, right environment of work, right mutual respect and adjustment with each other, right and honest performance appraisals, right coaching and counselling.....etc etc .......
A non confident, over smart(?) employer tries to play over smart tricks than addressing real issues like bonds, than when it fails taking documents, than if it fails asking advance cheque........this all becomes a vicious cycle. In this process real cause of problem is never addressed while employees keep leaving as they understand this malicious game....leading to more grave problem.....
I am not ruling out a situation, where in business is not big, can't sustain highly paid employees. In this situation too, first one needs to redefine kind of employee they want to recruit and expectations from him. You cannot than have best of employees by paying peanuts as if you pay peanuts you will only get monkeys. Than its employers choice whether they want to chain this monkey in neck or leg by bonds etc or invest in his skills and create right motivation to stay.
From India, Delhi
The basic premise of this agreement or bond is there is a problem of attrition which an employer is trying to address.
Try to take right message from what Mr Malik has said.
Many a times we wrongly presume that :
1. king can't commit a mistake.
2. that poor job applicant is at receiving end, he is real needy and employer is obliging him by offering a job.
3. So employer is free to play any trick whether illegal or unethical.
4. that mostly job seekers are idiots, lack minimum IQ, so they should not or won't decipher from employer's dirty motives.
Good Employers who wants to achieve in life never forget that they also need a good employee to sustain their business as much as a prospective employee needs a job. If this employer succeeds in motivating this employee to stay with him in this journey of growth for both of them, both parties gain.This can be achieved by right selection, right salary / wages, right environment of work, right mutual respect and adjustment with each other, right and honest performance appraisals, right coaching and counselling.....etc etc .......
A non confident, over smart(?) employer tries to play over smart tricks than addressing real issues like bonds, than when it fails taking documents, than if it fails asking advance cheque........this all becomes a vicious cycle. In this process real cause of problem is never addressed while employees keep leaving as they understand this malicious game....leading to more grave problem.....
I am not ruling out a situation, where in business is not big, can't sustain highly paid employees. In this situation too, first one needs to redefine kind of employee they want to recruit and expectations from him. You cannot than have best of employees by paying peanuts as if you pay peanuts you will only get monkeys. Than its employers choice whether they want to chain this monkey in neck or leg by bonds etc or invest in his skills and create right motivation to stay.
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Enforcement of negative covenants in employment terms.pdf