Resignation Not Accepted By IT Company
Lokesh
(Querist) 23 October 2016
This query is : Resolved
I am working in clover it service pvt ltd its located 381-AB, Nirman Nagar, Janpath Jaipur - 302019.. I was joined here at 11 july after 3-4 days they singed by me a bond for one year to continue job here.. now problem is that they mentally haress me through deduct my payment.. and they dont provide any Medical, PF policies since joining.. apart from this they deposit extra amount into employee account for save the income tax and take this extra amount by cash without any written document. So please guide me how can i tackle it..
They also dont relive me they says you have sign the bond so complete here 12 month at least.
Lokesh
(Querist) 23 October 2016
I'm in Probation period and in appionment letter they wrote for leave they were demand 3 month salary..
Lokesh
(Querist) 23 October 2016
Thanks if i wants then quit directly or not.. and one more question if they call me or warned me then how could i handle it..
Kumar Doab
(Expert) 23 October 2016
You have posted that:
"they mentally haress me through deduct my payment.. and they dont provide any Medical, PF policies since joining.. apart from this they deposit extra amount into employee account for save the income tax and take this extra amount by cash without any written document."
Do you have any evidence of it?
"after 3-4 days they singed by me a bond for one year to continue job here."
Do you have copy of it?
"They also dont relive me they says you have sign the bond so complete here 12 month at least. '
Have you submitted notice of resignation/resignation? Do you have a copy,acknowledgment and/or POD?
Kumar Doab
(Expert) 23 October 2016
While posting such queries employee should always post basic information;
What is this establishment; Commercial, Industrial? ( Noted: IT company)
What is its line of business? ( Noted: IT company)
How many persons are employed in it?
Does standing order apply in your case; Model/Standing?
What is your designation and nature of duties?
Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..
Can anyone change/cancel your recommendations?
How many persons report to you?
You are in which state? ( Noted; Jaipur)
Your service is under probation or confirmed?
For how many months you have been working?
What is the notice period tendered by you?
What is the notice period as per appointment letter and also as per Bond?
Has acceptance of your resignation been declined in writing?
Have you been getting salary slips?
What was your monthly salary?
Are you a member of IT/ITeS employees unions?
Have you consulted a very able counsel specializing in Labor/service matters?
Rajendra K Goyal
(Expert) 23 October 2016
Show all related documents and discuss with local service law expert.
Guest
(Expert) 23 October 2016
Mr. Lokesh,
You have already given a license to harass you for one year by signing a bond. Their intention seems that you should resign at your own by paying the hefty bond amount. But when you say, "apart from this they deposit extra amount into employee account for save the income tax and take this extra amount by cash without any written document," you have a very good tool with you. It is simple for you. If you don't return them the extra amount to you they cannot compel you to pay. Rather, they would be compelled to terminate you. That way you can get the problem tackled.
Kumar Doab
(Expert) 23 October 2016
Avoid termination.
Later you might be entangled in contesting the termination and/or reference checks/BGV etc.
Prefer to generate the irrefutable evidence of wrongdoings and harassment.
Are they depositing funds in your a/c from company's account?
Is your a/c a salary a/c?
Post pointwise reply to all points.
Are you staying with your family/parents?
Take help and guidance of elders,well wishers, seasoned union leaders that are compassionate and known to you.
Discuss with a a very able counsel specializing in Labor/service matters.
Guest
(Expert) 23 October 2016
No other way to tackle it, except by resigning by paying bond amount or by getting terminated without paying bond amount, whichever is considered beneficial by you.
Kuummaar AS
(Expert) 23 October 2016
Lokesh,
YOU HAVE SAID,
"I am working in clover it service pvt ltd its located 381-AB, Nirman Nagar, Janpath Jaipur - 302019.. I was joined here at 11 july after 3-4 days they singed by me a bond for one year to continue job here.. now problem is that they mentally haress me through deduct my payment.. and they dont provide any Medical, PF policies since joining.. apart from this they deposit extra amount into employee account for save the income tax and take this extra amount by cash without any written document. So please guide me how can i tackle it..
They also dont relive me they says you have sign the bond so complete here 12 month at least."
THE COMPANY APPEARS TO BE SO UNPROFESSIONAL THAT, FOR SURE, THE BOND GOT SIGNED FROM YOU WILL NOT BE LEGALLY VALID. PLEASE SHARE
1. EXACT CONTENTS OF THE BOND
2. THE VALUE OF STAMP PAPER ON WHICH BOND HAS BEEN SIGNED.
3. THE DATE OF THE STAMP PAPER.
4. THE DATE ON WHICH YOU HAVE SIGNED THE BOND.
Kumar Doab
(Expert) 24 October 2016
Agreed with Mr. Kumar AS; 'THE COMPANY APPEARS TO BE SO UNPROFESSIONAL THAT, FOR SURE, THE BOND GOT SIGNED FROM YOU WILL NOT BE LEGALLY VALID. '
Post your reply.
Generate irrefutable evidence and establish the employer as 'unworthy of being employed with' and a violator of employee's rights, law of the land............................etc etc.
May of the Attorney's/lawyers/Law firms suggest to employers and craft agreements/Bond that contain clauses e.g;................'you shall be liable ....................even if you are terminated'.............
So close the matter with full onus on employer.
Post reply to all points, pointwise.
If you are facing any issues in posting send PM.
Lokesh
(Querist) 24 October 2016
All Respected Sir,
I sent mail to you with attachment by verma.lokesh1987@gmail.com please check and revert valuable remarks..
Lokesh
(Querist) 24 October 2016
And today owner warned to me for sue into court.. i told him please send me written legal notice with my bond copy or other documen which was signed by me..
Lokesh
(Querist) 24 October 2016
And today owner warned to me for sue into court.. i told him please send me written legal notice with my bond copy or other documen which was signed by me..
Lokesh
(Querist) 24 October 2016
Ans of Kumar sir : no any wrriten evidence for cash back. I have only appointment letter which was shared with you on lawer club india.. i didnt sign any stamp buy they were saying you sign it.. Company IT.. Established year 2011.. total employees - 30.. nobody stand with me.. but now my Lead and HR stands with me but m not confirmed about them..m working since 11 july 2016..currenly m in probation..no any salary slip.. my salary account is salary a/c.. no decline regin through mail..
P. Venu
(Expert) 24 October 2016
The bond executed is not enforceable. The court would throw out their case, if properly contested.
Kumar Doab
(Expert) 24 October 2016
@ Lokesh,
Do not get perturbed.
When and where did you share your appointment letter with me.
It is practically not possible to remember everything.
DR.VEDULA GOPINATH
(Expert) 25 October 2016
Mr. Lokesh
I dealt similar matters and you need not worry. Please do send me appointment letter and a copy of Bond.
This is a clear case of exploitation and opposed to public policy as per the decided cases. Hence your owner case will not be sustained.
good wishes
dr vedula gopinath advocate/arbitrator
Lokesh
(Querist) 25 October 2016
Hello Kumar Deob G & Dr Vedula Gopinath G
Kindly share your mail id and contact details if i got any legal letter or other then i will share with you for further process..
BR :- verma.lokesh1987@gmail.com
Kumar Doab
(Expert) 25 October 2016
Post everything here.
Erase the names and logo to maintain confidentiality.
Rajendra K Goyal
(Expert) 25 October 2016
You can get in touch with the expert Kumar Doab & Dr Vedula Gopinath, both are master in service matters, can send them personal Message to them.
Click their name - profile would open - click send PM and proceed.
Guest
(Expert) 25 October 2016
Probably he wants the email ID of experts for his future needs only that too, if and when he receives any legal letter or other, as he made clear in his post by stating, " if I got any legal letter or other".
Kumar Doab
(Expert) 25 October 2016
Post everything here.
Erase the names and logo to maintain confidentiality.
We will support you.
Lokesh
(Querist) 25 October 2016
Sorry for my last mistake but i dont know how could i edit it?? Because it my first time but i promise next time i will take care about same and this silly mistake should not repeated by me..
Kumar Doab
(Expert) 25 October 2016
Do not get perturbed.
We will support you.
Show this thread to your able counsel, elders,employee's/trade union leaders.
Rajendra K Goyal
(Expert) 26 October 2016
You can approach this section in case of need.
Kumar Doab
(Expert) 26 October 2016
There are many IT/ITeS employees unions that can lend support to you. Google search and talk them.
LCI Expert Mr. J.K.Aggarwal is from Jaipur.
If you wish you approach and benefit from his counsel.
Lokesh
(Querist) 12 April 2017
Kumar sir tysm !!
