>>> All employers may not ask for Relieving letter. Relieving letter signifies that employee has separated and nothing is due against him. Relieving letter is more of a practice initiated by employers and the enactments do not warrant it for employee…………………. The employers and their personnel in HR press for BGV/Reference check as per their private/internal policies so as to bend the employee(s) to their demands.
As per enactments ‘Service certificate’ has to be issued to all employees……………………………..even employee had signed a BOND……………………………………….
Model Standing Orders; Sec13-18.
>>> If you do not understand simple terms and simple language in publications as attached in this thread also, other threads suggested, seek help from elders in the family, competent and experienced well wishers, employee’s unions leaders, trade union leaders………..Labor consultant/service lawyer…………………Law firm.
With their help relate the language in publications, BOND, and give inputs in person on each T&C inserted by employer in BOND drafted by it.
If NO training that is certified by an Inst. and is recognized by Lawful Authority as Training/qualification……………………… is provided to you………………….and/or has not added to your qualification or any special/extra ordinary skills then very basis of BOND may be defeated.
This input you alone can provide to your counsel.
Your counsel can analyse the documents and inputs provided by you and can advice you on the merits.
The employer has drafted and signed the BOND as supplementary to appointment letter.
Did the employer cite the need to sign BOND in job advt, in response to job application, in interview call letter, selection letter, offer letter, appointment letter, joining letter………………………………….or it announced it all of a sudden after you had left previous employment?
There are many threads at LCI e.g;
https://www.lawyersclubindia.com/experts/Absconded-inspite-of-having-a-bond-426216.asp#.UmfKhnCAqWM
https://www.lawyersclubindia.com/experts/Breaking-the-bond-447501.asp
https://www.lawyersclubindia.com/forum/3-year-term-in-employment-contract-against-sign-on-amount-103019.asp#.U5Aq7EeBkqE
>>> The lawyer contacted by you has probably believed that ‘NO One can resile…………………../rescind………………….. the agreement that one has signed’.
However if NO training that has been provided then there is no cause and logic for liquidated damages.
You may go for second opinion……………………
Any training that is imparted to manage the counters of the employer should be given by employer without any cost to employee.
The Indian Courts of Law have consistently been declining to provide injunctions, enforce NON Compete Clauses/agreements as it hits right to earn livelihood and provisions of Indian Contract Act….
>>> If you have resigned then you do you have copy of resignation letter, POD, acknowledgment, acceptance, FnF statement issued by company showing some payables by you?
Did the company issue any letters claiming you have absconded?
>>> The private software companies in Gurgaon are covered by Punjab Shops and Commercial Establishments Act and Punjab Shops and Commercial Establishments Rules (attached. You may go thru these)………………………………………and standing orders are applicable if 50 or above persons were employed with it. If standing orders are not certified Model Standing Orders shall apply.
Your lawyer may opine that the BOND is violative of standing orders applicable to the establishment.
The employer himself is held responsible for violations of Standing Orders.
You may also carefully go thru :
Punjab Shops and Commercial Establishments Act and Punjab Shops and Commercial Establishments Rules and find faults with employer..........................
>>> The Trade Unions: e.g CITU, INTUC, BMS, AITUC…………………………. have been attempting to unite employees from your sector and willing to embrace employees from your sector.
The employees unions can form ‘Works Committees’ in companies and the Chairman is on rotation from employees/employer, and has equal number of members from employees/employer……………………
‘Works Committees’ is an authority as in ID Act…………………………………and employees/unions can negotiate service conditions with employer………………………….
The Industrial Disputes Act, 1947
CHAPTER II: AUTHORITIES UNDER THIS ACT
3. Works Committee
This is precisely what employees in your sector should strive for.
Unions in Haryana, Rajasthan have been so strong always.
The employees in your sector have formed many unions and they have done good job too.
https://www.itecentre.co.in/
https://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook
UNITES Professionals
www.unitespro.org
https://www.wbitsa.org/
www.itpfindia.org/
https://itnitesunion.wordpress.com/author/itnitesunion/
Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
https://www.amrc.org.hk/node/1088 CBPOP
https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html
https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx
https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435
Shiv Sena forms first union in information technology sector
>>> If you wish to avail the services of LCI lawyer you can search the LCI database at:
https://www.lawyersclubindia.com/lawyers_search/#.U5Ao8UeBkqE
IN Gurgaon/Delhi you can find lawyer’s/Law firms par excellence.
Your near and dear ones, well wishers, colleagues, union leaders, Dist. Bar Association Members/office bearers, Bar Council of India’s local office can suggest lawyer’s/Law firms to you.
You shall need to settle the T&C with your lawyer on your own.
