gopala krishna l 07 August 2015

Difference between bonds and letters of undertaking

hello sir,

Myself krishna completed BE in mechanical engineering. Recently i joined a reputed company which is not a mechanical core. At the time of inteview they told that there will be no employement bond. But on the joining day they made us to sign on a UNDERTAKING LETTER which quotes " i will not leave the company for 3 years, if i leave the company i will pay the company expenditures on my training". Now i worked here for 5 months including 2 and half month training. The job descripttion said by the company is not the actual one. The actual job is not meant for engineers, it is some low level work which can be done by 7th class pass people I am feeling very uncomfortable and disguested by the way the organization treating me. Now i made a decision to come out of the company.

Now my questions are

What is the difference between BONDS AND LETTERS OF UNDERTAKING?
Can i resign without paying the money to company?
HR is blackmailing me by saying "u r spoiling your own life come back". am i making such a big mistake of my life?
The company is making us to work more than 10 hours a day without paying OT whereas actual working hours is 8 and half hours a day. Is this legal? can i take legal action against it.
Mentioning wrong Job descripttion at interview isn't a cheating on us?
Can i fight agaist such a big reputed company? ??

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1 Replies

Kumar Doab (FIN) 07 August 2015

Both are commitment.The question arises BOND has been craeted in lieu of what? Otherwise bond and bondage has long been abolished.
You need to gather evidence and prove breach of trust and violation by employer. You need to establish that the training did not any skill or qualification and was for say: familiarizing you with products/processed/strategies etc of the company and should have been granted without any cost to employee.
It is a violation by company. You should be able to prove that you were made to work for more than 8hrs/day and 48hrs/week and stake claim to OT.
Usually it is stated in contract that employee shall perform all duties assigned. However it does not mean that an Engineer can be asked to fry ‘Bhajiya.’
Anyone can agitate against any company big or small

It shall be appropriate that you may alongwith elders of your family and your union leaders, consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm in person, ....................show all docs on record and and let your lawyer draft your representations, build favorable written record and fetch you relief.