Service agreement
I worked in x company from 8/6/06 to 7/6/07 - I signed a service agreement on the day one for one year and after three months I signed one more agreement for overseas training agreement - titled knowledge transfer and customer discussion and it is said to be effective from my date of return from abroad and I returned by 26/9/2006 and is valid till 26/9/07.
While i landed abroad i was asked to work from the day one and there was not a single hour training given and when i leave i asked to pay 5 lakh as compensation which i did due so many situation i.e i resigned and accepted a offer and they were asking relieving letter compulsory
when i looked at all my relieving letter and other documents they have mentioned they have recovered towards service agreement recovery where as i have completed the 1 year period there is no validity of the service agreement.
I filed a RTI to income tax department they also replied saying that the amount was taken into misc income under the head service agreement recovery.
I have sent so many letters, emails and other mode of communication their legal department said - do what
ever you want
Please suggest that should i do - shall i file a case if so civil or what ?
Also i heared some limitations act and is it applicable for me and if so I already sent notice kind of letter to them with ack due is it valid as the legal proceedings?
Please suggest I lost sleep for the last three years due to the heavy amount paid due to my foolishness and I want to get it back.
Regards
Kripakaran
2 Replies
1 I have full sympathy for your predicament because loss of 5 Lakhs rupees is a a substantial amount for any working person .
2 Having said that, as I see it, there is an agreement . i. e. the original service agreement in relation to your employment and depending upon the terms and condition of the employment you could sue the employer for breach of the contract.
3 The second agreement whereby you went abroad is a seperate agreement creating seperate obligations from the first agreement and here again depending upon the terms of the agreeement you could sue the employer for the breach of the second agreement both these contracts though inter-dependant but they are seperate creating seperate obligations of the parties in respect of each agreement
4 Unless there is any wrong doing raising liability for other legal wrong , you could bring civil action in the employment/industrial tribunal.
5 Unless shown otherwise , as a general rule limitation periods in such matters is for 3 years from the date of the breach of contract.
6 Service of Notice is merely a notification of your intention to sue hence it is doubtful whether it could be regarded as commencement of the proceedings and it is my humble understanding that the poroiceedings shall be deemed to commence from the date the papers are filed and admitted by the court e. g filing a plaint in the court . I SUGGEST you commence proceedings as soon as possible provided if you are satisfied that the employer has breached the contract .
7 In your prayers to the court you should ask 1 for the return of your funds 2 compensation for the loss of your job 3 return of all all your pension funds if any and all other previlages associated with your employment
8 Please note that I have NOT examined your agreements and my views are entirely mine and of no one else and the opinion expressed herein is in goodfaith and with view to assist and I shall not be held liable or responsible for any consequances howsoever arising out of it
Best wishes and Kind Regards
Bhupendra k Vyas
If you intend to sue, the judicial proceedings should be filed within a period of three years. Not later than that. Otherwise, the proceedings will be barred by law of limitation. This is just a tip. If you would like to have exhaustive opinion on it, you may send me that email with scanned document so that I can see the clauses and guide you suitably. My mail is (corporatearmour[at-the-rate-of]gmail[dot]com..)
Hemang Rana