“undertaking cum indemnity” bond

Other thread: https://www.lawyersclubindia.com/forum/Termination-94820.asp#.Ur7qItIW1MA}

1. Deductions from wages are well explained in:

Payment of Wages Act

Min. Wages Act

(Name of the state) Shops and Commercial Establishments Act;

Any deduction other than mentioned in applicable enactments shall be unlawful, illegal.

The employer shall quote the private agreement it has signed with you to appropriate the amounts.................................

You should not have signed such agreement in its first place...................................

It is surprising that although employees are aware of fate of many of their colleagues at the hands of such unscrupulous employers stills why they don’t form unions, affiliate with trade unions and thus become able to negotiate service conditions.............................................and why they sign such agreements/bonds.

However the question arises whether you owe the monies or not and if yes how much?

The service agreement/Indemnity Bond that the employer has drafted is in lieu of what extra ordinary favor/expense incurred by employer on you?

Has this employer incurred some expenses on some training that has added to your qualification or some extra ordinary skills?

If NO then how come this establishment or employer is claiming the lien?

Any training that is on products, processes, strategies, policies, machines etc , given to employee to handle the counters/work stations of employer should be without any cost to employee................................

2. The employer has the right to terminate while the employee does not have the right to terminate........................

Such contracts are not equitable, are one sided and may not stand the test of law................

3. Employee should generate the proof of forced resignation (audio/Visual) or keep witness or may submit a representation to appointing authority, MD that he was forced to write his resignation..................................

All employees that were forced may stand as witness to each other.

All employees may become member of trade unions and the trade union leaders know precise ways to handle such matters.

The employee can withdraw the resignation extracted by force by email, fax, telegramme, SMS, phone call (recorded preferably) redg. post etc...............................It is offence and criminal complaint can be lodged.

4. For the applicability of the notice period one must not look into appointment letter alone.

Notice period is stated in standing orders (Certified/Model), (Name of the state) Shops and Commercial Establishments Act, service rules etc.....................

Since standing orders is statue it shall prevail upon any private agreement that employer might have signed with employee e.g; appointment letter, Bond, Service Agreement, Contract of employment etc.............

If notice period is NIL in standing orders it can not be even 1 day in any private agreement that employer might have signed with employee e.g; appointment letter, Bond, Service Agreement, Contract of employment etc.............

You may find the attachment useful and many other threads at LCI relevant e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=39915&offset=2#.Ur_6zNIW1MA

https://www.lawyersclubindia.com/experts/Standing-orders-442266.asp#.Ur_7f9IW1MA

https://www.lawyersclubindia.com/experts/Notice-period-salary-not-paid-after-termination-due-to-under-performance-440986.asp#.Ur_78dIW1MA

https://www.lawyersclubindia.com/experts/Absenteeism-from-work-441061.asp#.Ur_8EdIW1MA

https://www.lawyersclubindia.com/forum/What-is-difference-between-commitment-and-bond--93823.asp#.Ur_8ptIW1MA

Such matters have lots of complications.

It shall be appropriate to show job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, Bond, etc to a competent and experienced labor consultant/service lawyer, specializing in such matters and proced under expert advice of your lawyer.