• Business + Family Issue

Hello Sir/Madam

I run a startup that is into Web Designing and other associated services. 

I am facing a unique problem that is a mix of professional and personal issues. 

The issue is with two senior most employees (Founding members) of the firm.

1: Two of these employees (one male and other female) are of 23 years of age.

2. The male employee (hereinafter referred to as A) is a co-founder.

3: The Female employee (hereinafter referred to as B) is a fresher who was recruited on November 2014 as a Web Developer

A was the direct supervisor of B and their professional relationship turned personal and they both fell in love.

B is a brilliant employee and both A & B is strictly professional in Office and they strictly adhere to all the policies setforth by the firm.

B has raised the affair to her family and due to cast mismatch her family is against their relationship and is forcing B to resign from the firm whereas B has no intentions to resign. 

B has requested the company NOT TO ACCEPT her resignation if by force she is made to tender one and has also requested the company to prepare a bond for her that requires her to work with the company for 1.5 years. 

Both A & B would like to marry but only after a couple of years as they need to get financially settled.

The parents of A are completely fine with the relationship where as B's family is trying all sort of emotional blackmailing and forcing B to quit. 

As a friend and a CEO, what should I do to solve the issue? The company wants B to stay as she is a brilliant asset to the firm and we have already invested some amount for her training. 

Help on this matter would be greatly appreciated.

Regards
Asked 2 years ago in Family Law from Trivandrum, Kerala
Religion: Hindu
1)if company has invested some amount in training of employee B ask B to execute bond that she wont leave the organisation for period of 2 years . 

2) in the bond mention that if she leaves organisation during period of 2 years she will pay the company Rs 10 lakhs being the amount spent on her training . 

3) since B is willing to execute the bond it will serve your purpose of retaining the employee and it will help B in continuing to work in the organisation .
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1. The core synthesis of the dispute is entirely personal in nature. No legal issue has arisen till now.

2. Did your firm enter into an employment contract with B at the time of recruiting her? What are the terms and conditions of service? Is it silent on the minimum duration for which she is required to work?  If the terms and conditions do not stipulate a minimum period of service then you may accede to B's suggestion of executing a bond with her whereby and whereunder she has to work for X number of months or years, failing which she will be required to compensate the company. However, it may be added that if she violates the bond you will have to go to court to enforce the conditions of work which rank sacrosanct.

3. Make an informed decision.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. As a person or friend you may intervene in the affair and talk to the family members of B so they see reason. it is your duty also towards the society as large.

2. However as CEO you have absolutely no reason to fall into their dispute and try for a solution. If you see someone has breached the Firm's policy or is not discharging his duties you can take action but surely can not go beyond that and for sake of A impose any restriction on her leaving the Firm , more so, if at the time if her recruitment no such restraint clause was there.
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
1) clause 3 is in restraint of trade and void you cannot restrain employee after leaving the organisation form taking any work in another company 

2) in the event employee leaves organisation  you cannot force her to refund 50%of salary paid to her during the period she was working with your organisation 

3) clause 7 is in restrain of trade . you cannot her restrict her after leaving your organisation from joining any web consultancy firm . you can only restrict her from divulging trade secrets
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1. It is less a legal issue than a personal issue,

2. You can execute a bond for payment of Rs.10 Lakhs if she resigns within 2 years of joining,

3. You shall have to prepare the back dated appointment letter and also the Band,

4. Moreover, without taking the above steps, you can refuse her resignation citing the Bond,

5. You do not have to show any paper/document to her parents,

6. You can write to her about the payment of the imaginary Bond amount and she is in your side, she can convince her parents accordingly,

7. You need not manufacture/prepare the Bond at all and do not entertain any personal approach by her parents to shhe the papers/Bond.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
1.The draft is all right for the purpose,

2. As mentioned in my earlier posting, you need not prepare the Bond/Agreement to show to any body specialy her parents,

3. Since she will accept the the existance of the Bond, your asking for payment of Bond amount after receiving her resignation should be enough for her to convince her parents accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
1. There is nothing wrong with the draft. 

2. If B signs on the dotted line she shall be bound to act in accordance with the contract. This may convince her parents to allow her to continue.

3. Draft will serve no purpose if it is not enforced from the date of her actual recruitment.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) it is B call whether to accept marriage proposal or not 

2)you cannot as employer interfere in her personal decisions of marriage 

3)it is for B to decide whether she succumbs to emotional black mail or not 

4) if B parents put her in house arrest she can always call police helpline for ladies for help . 

5) lodge complaint  with state commission for women 

6) you can issue legal notice if she fails to report for duty and seek compensation under the contract . 

7) invoke arbitration clause in the contract
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1. It will be wise for you to confine yourself strictly to the professional sphere. Any advice in professional capacity on issues which relate to the personal life of any of your employees may backfire.

2. B as an adult is at liberty to marry the man she desires. If her parents are opposed to her marriage then the maximum they can do is snap their ties with her, but they cannot harass or intimidate her in any manner. If she feels threatened by her parents she may move to High Court for protection. It is for B to initiate legal action against her parents if her rights are infringed by them.

3. Once the contract of employment is executed it ranks inviolate. If she deviates from the contract you may enforce the contract through court.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. You are mixing up your role,

2. You are her employer and not 'A' I suppose,

3. Let her decide what she, being an adult individual,  should do, should the incidences as csuggested by you take place,

4. Act professionally,

5. Her parents can not file any case against her Company by passing her and do not entertain/negotiate with them in connection with any service matter partaining to B.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
1. Let them handle their own problem. If the lady is willing to sign then Bond you can make her execute the same.
2, One can always obtain restraint order in the form of civil injunction from civil court depending on matter and relief sought for but I would not recommend her to do so.
3. if they marry each other, hardly anyone except themselves can break this marriage.
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
1. If B is under pressure from her parents to marry the other guy   then she can come out of her house &/or refuse to marry that guy &/or do all those things which an adult woman of a Metropolitan City of India is expected to do in the year 2015,

2. If she refuses to marry the other guy, her parents can not force her to do that,

3. She can continue to work with you duly convincing her parents that she does not have Rs.10 Lakhs to pay the Bond amount for resigning early.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
1) as good friends of A and B you can offer them moral support . 

2) you can get bond signed by B that she would not leave your organisation for period of 2 years and in event she does so you can recover the costs of her training 

3) B can move court and obtain restraint  order against her family members if she so desires
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
Do not to mix business and relationship together. If A want to marry B then they register their marriage under special marriage act. You can support morally. B can move court and obtain restraint order against her family members if she desires so but definitely complicate the situations. Now the parents are also enquired legal steps and they also more care about the situations .So the story of the bond does not match always  and in real time it is tough to you if they challenge the same .
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0

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