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Dushyant (student)     22 November 2017

Enforceability of employement bond (urgent)

Recently in May 2017 i have joined a company. I also signed a bond stated that i must serve 1.5 years in this company. Also prior 2 months notice required before leaving. I served 2 months notice to company which ends 3rd of December 2017. I want to leave company as there is no salary payment on time. Even i did'nt get my october month salary till now.

 

My question whether company can force me to serve 1.5 years legally or not.

Thanks 



Learning

 7 Replies

Kumar Doab (FIN)     23 November 2017

Generically speaking; since you have signed the said Bond by your free will, the employer may ask you.

The point to ponder is merits are on which side!

Kumar Doab (FIN)     23 November 2017

Do you have copy of said Bond?

It is crafted in lieu of which extra ordinary benefit provided to you at the cost of employer say; some certified training from some certified Instt. that shall add to your qualification of some extra ordinary skills?

Has the employer provided you with appointment letter, all rules/policies/service conditions narrated in it?

What is the usual pay day as per these?

Has employer been providing with salary slips and do you have irrefutable evidence of Non/delayed payment of wages of the month on pay day?

Have you been asking the employer to provide with salary slips and pay wages of the month on pay day and can you establish it?

What is the response of employer?

 

Were you employed earlier before joining this establishment?

Do you have copy of job advt, job application, interview call letter, offer letter, etc etc?

Does these contain any narration that selected employees shall have to sign the Bond and if yes; due to which favor by employer?

The appointment letter was issued upon joining or later?

The Bond was signed before joining/upon joining/ before issuing the appointment letter or after appointment letter?

 

On what counts other than non/delayed payment of wages you would be able to ender the employer as unworthy of being employed with and/or violator of IT’s own committements or rights of employee?

Kumar Doab (FIN)     23 November 2017

 

 

If you wish you may attaché the copies of docs in this thread.

Erase names/logo/addresses etc before attaching the docs to maintain the confidentiality.

 

Avoid posting photos/names/email id/phone numbers/addresses etc etc or attaching any document containing photos/names/email id/phone numbers/addresses etc etc and erase photos/names/email id/phone numbers/addresses etc etc while sending any documents to anyone, anywhere except your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record in handling such matters thru courts of law and with concerned authorities. 

Dushyant (student)     23 November 2017

Originally posted by : Kumar Doab
Do you have copy of said Bond?

It is crafted in lieu of which extra ordinary benefit provided to you at the cost of employer say; some certified training from some certified Instt. that shall add to your qualification of some extra ordinary skills?

Has the employer provided you with appointment letter, all rules/policies/service conditions narrated in it?

What is the usual pay day as per these?

Has employer been providing with salary slips and do you have irrefutable evidence of Non/delayed payment of wages of the month on pay day?

Have you been asking the employer to provide with salary slips and pay wages of the month on pay day and can you establish it?

What is the response of employer?

 

Were you employed earlier before joining this establishment?

Do you have copy of job advt, job application, interview call letter, offer letter, etc etc?

Does these contain any narration that selected employees shall have to sign the Bond and if yes; due to which favor by employer?

The appointment letter was issued upon joining or later?

The Bond was signed before joining/upon joining/ before issuing the appointment letter or after appointment letter?

 

On what counts other than non/delayed payment of wages you would be able to ender the employer as unworthy of being employed with and/or violator of IT’s own committements or rights of employee?

Answers to the questions one by one.

1. Do you have copy of said Bond?

Ans: yes, i have the signed copy which is signed my me only.

2. It is crafted in lieu of which extra ordinary benefit provided to you at the cost of employer say; some certified training from some certified Instt. that shall add to your qualification of some extra ordinary skills?

Ans: i have joined company as a chartered Accountant and i had not earned any extra qualification or degree in this organization due to daily routine work.

3. Has the employer provided you with appointment letter, all rules/policies/service conditions narrated in it?

Ans: No appointment letter received till now. I called to the HR so many time in this regard.

4. What is the usual pay day as per these?

Ans: I have received my September 2017 salary in 2nd of November. not received October Month Salary till Now. (Generally 1.5 months delay) They pay salary in two pats. One in between 30 days and other is 45 days after its due.

5. Has employer been providing with salary slips and do you have irrefutable evidence of Non/delayed payment of wages of the month on pay day?

Ans: No policy of Payment slips etc.. company pay salary to individual account as per their convinence and availability of funds.

6. What is the response of employer?

Ans: He told that please work for next 6 months more.

7. Were you employed earlier before joining this establishment?

Ans: I worked with some renowned real estate company based in Delhi.

8. Do you have copy of job advt, job application, interview call letter, offer letter, etc etc?

Ans: I received a mail from Recrument agency that "congrats you have been selected for the post of ______", no mail from company till now, even no joining letter etc, no offer letter at all.

9. Does these contain any narration that selected employees shall have to sign the Bond and if yes; due to which favor by employer?

Ans: No such these types of lines.

10. The appointment letter was issued upon joining or later?

Ans: No appointment letter received as now from company side

11. The Bond was signed before joining/upon joining/ before issuing the appointment letter or after appointment letter?

Ans: I have signed bond on 24th of May 2017 and joining date was 27th of May  but there is no such physical evidences as there is no joining letter or call letter.

12. On what counts other than non/delayed payment of wages you would be able to ender the employer as unworthy of being employed with and/or violator of IT’s own committements or rights of employee?

Ans: The Directors are educated but always shows vulgarity in words. Most of the employess are unhappy of the nature of Employer. Many of the past employess left company due to Directors behaviour towards employees. Company is in construction line so they have a nature to threaten employees. Even 15 days before one of the employee left company, director told other person employee to make a FIR (Police compliant) to that person that he stole 50000 from company.

I can share you the Signed bond personally if needed.

 

Thanks in advance

Kumar Doab (FIN)     23 November 2017

Originally posted by : Dushyant



Originally posted by : Kumar Doab



Do you have copy of said Bond?

It is crafted in lieu of which extra ordinary benefit provided to you at the cost of employer say; some certified training from some certified Instt. that shall add to your qualification of some extra ordinary skills?

Has the employer provided you with appointment letter, all rules/policies/service conditions narrated in it?

What is the usual pay day as per these?

Has employer been providing with salary slips and do you have irrefutable evidence of Non/delayed payment of wages of the month on pay day?

Have you been asking the employer to provide with salary slips and pay wages of the month on pay day and can you establish it?

What is the response of employer?

 

Were you employed earlier before joining this establishment?

Do you have copy of job advt, job application, interview call letter, offer letter, etc etc?

Does these contain any narration that selected employees shall have to sign the Bond and if yes; due to which favor by employer?

The appointment letter was issued upon joining or later?

The Bond was signed before joining/upon joining/ before issuing the appointment letter or after appointment letter?

 

On what counts other than non/delayed payment of wages you would be able to ender the employer as unworthy of being employed with and/or violator of IT’s own committements or rights of employee?





Answers to the questions one by one.

1. Do you have copy of said Bond?

Ans: yes, i have the signed copy which is signed my me only.

2. It is crafted in lieu of which extra ordinary benefit provided to you at the cost of employer say; some certified training from some certified Instt. that shall add to your qualification of some extra ordinary skills?

Ans: i have joined company as a chartered Accountant and i had not earned any extra qualification or degree in this organization due to daily routine work.

3. Has the employer provided you with appointment letter, all rules/policies/service conditions narrated in it?

Ans: No appointment letter received till now. I called to the HR so many time in this regard.

4. What is the usual pay day as per these?

Ans: I have received my September 2017 salary in 2nd of November. not received October Month Salary till Now. (Generally 1.5 months delay) They pay salary in two pats. One in between 30 days and other is 45 days after its due.

5. Has employer been providing with salary slips and do you have irrefutable evidence of Non/delayed payment of wages of the month on pay day?

Ans: No policy of Payment slips etc.. company pay salary to individual account as per their convinence and availability of funds.

6. What is the response of employer?

Ans: He told that please work for next 6 months more.

7. Were you employed earlier before joining this establishment?

Ans: I worked with some renowned real estate company based in Delhi.

8. Do you have copy of job advt, job application, interview call letter, offer letter, etc etc?

Ans: I received a mail from Recrument agency that "congrats you have been selected for the post of ______", no mail from company till now, even no joining letter etc, no offer letter at all.

9. Does these contain any narration that selected employees shall have to sign the Bond and if yes; due to which favor by employer?

Ans: No such these types of lines.

10. The appointment letter was issued upon joining or later?

Ans: No appointment letter received as now from company side

11. The Bond was signed before joining/upon joining/ before issuing the appointment letter or after appointment letter?

Ans: I have signed bond on 24th of May 2017 and joining date was 27th of May  but there is no such physical evidences as there is no joining letter or call letter.

12. On what counts other than non/delayed payment of wages you would be able to ender the employer as unworthy of being employed with and/or violator of IT’s own committements or rights of employee?

Ans: The Directors are educated but always shows vulgarity in words. Most of the employess are unhappy of the nature of Employer. Many of the past employess left company due to Directors behaviour towards employees. Company is in construction line so they have a nature to threaten employees. Even 15 days before one of the employee left company, director told other person employee to make a FIR (Police compliant) to that person that he stole 50000 from company.

I can share you the Signed bond personally if needed.

 

Thanks in advance

 

 

It is good that you have posted pointwise reply.

The amount is paid in personal/indivisual account....................in 2 parts.

You may check the only two docs in your custody; i.e. Bond, email from recruiter/consultancy; if the payout is indeed salary or some payout....and your relationship is indeed of employer-employee or if the period of salary and payout is narrated in it............

 

You may also download and save irrefutable evidence of vulgarity/abuse with you and instances of others as well (If now or later they may also decide to agitate).............

 

 

 

Kumar Doab (FIN)     23 November 2017

What is the amount paid by employer to recruiter?

This kind of indivisuals and establishments and employers do exist.

 

Prespectives; If employer lets you separate by making NO payment of liquidated damages Bond, then nothing like it.

If you can establsih the employer is unworthy of being employed with and is violator and work conditions intolerable or conduct at workplace demeaning/intolerable  as already posted then it may get you reprive....

 

Or you may separate after making payment under protest and agitate later in court of law, however prior to that build some irrefutable evidence..... 

You may show the said bond and any other doc and evidence of a very able LOCAL counsel/ Law Firm of unshakable repute and integrity specializing in such matters and having successful track record 

 

Dushyant (student)     23 November 2017


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