Employment Agreement
8 months ago
Below is the situation that I am currently facing.
At present, I am leaving Gurgram and have a little daughter, so I was looking for a particular work-from-home job. Through my younger brother, I got a job in Ahemdabad with a KPO kind of company. I have signed an employment agreement and sent them blank, signed checks. During my tenure with the company, I enrolled in an EA scholarship through the company. For this, I also signed an agreement, and as per the agreement, it was mentioned that one-time coaching fees and exam fees for EA will be reimbursed by the company. During July 2022, I paid exam fees for EA for about Rs. 55,000 and asked the company to reimburse this. But suddenly I got news from my senior that the company has changed its policy of working from home, and if I want, I can work from Ahmedabad in person; otherwise, I have to resign immediately.
I have to agree with management as it was not possible for me to go to Ahmedabad for work, so I just asked them to reimburse my EA exam fees, but the company denied it and gave me the below reasons:
1. I was an exceptional case, and so no one mentioned in my employment agreement about working from home, as specifically mentioned anywhere. However, it was obvious that I had joined for permanent work (a from-home job only). In my employment agreement, the below lines are mentioned, on baisi of that HR team saying that I cannot ask them for a pay-out amount as they are offering work to me, but I am not working with them, so it's my fault on their side.
According to the HR department, because of the above clause, I am not eligible for any payout.
2. In my EA scholarship agreement, the below clause is mentioned:
I asked to reimburse the fees as I am not leaving the company, but the company has asked me to leave, so I am eligible for reimbursement, they are refusing my claim. The company is even asking me to pay Rs. 75,000 because of the above clause. I told them that the company has not spent the full amount of my study; only coaching fees are reimbursed by the company. How can the company ask me to pay the full amount of Rs. 75,000?
Please help me to understand if there is any legal action or remedy that I can ask for in this situation.
I personally want to know if this clause in any agreement could be valid, as it mentions "whatever reason". It seems like a one-sided agreement. Can I refuse to pay thsi amount and force my company to reimburse my fees?
Thanks in advance.
It appears to be difficult for you to pursue the remedies available under relevant laws living in Gurgaon with a baby kid and working for a Company situated in Ahmedabad. From the given part of your contract of employment it prima facie appears to be voidable and cannot be enforceable being prejudicial and biased and also for lack of natural justice. The denial of your all claims, simply proves that you were deceived or duped by the Company with ulterior motives to exploit you. if it is possible for you, you can escalate your grievance before the competent Authority/Court under I D Act, or CPC by hiring an Advocate even at Gurgaon who renders legal services on pan India basis or hiring a reliable Advocate in Ahmedabad. To access the reaction of the Company, you can serve a legal notice refuting all their demands made under a voidable contract and informing your tentative steps for the redressal of your grievance. In case you need any legal assistance in the matter you may contact our legal team with all relevant papers.
You can follow the below steps:
1. Approach the Labour Commissioner: can approach the labour commissioner and convey the issue to the commissioner. It is advised that a copy of the legal notice sent to the employer, employment contract, a bank statement is attached to the complaint filed before the labour commissioner.
2. Approach the Labour Court: If the labour commissioner fails to provide a solution, then the employee can approach the labour court. This suit can be filed under the Industrial Disputes Act, 1947.
3. Approach the Civil Court: Employees holding executive or managerial posts can file a suit for non-payment of salary in a civil court, in accordance with the provisions of Civil Procedure Code, 1908.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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