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Sateesh (SA)     28 January 2014

One-sided employment bond

Hi all,

this is the first time i'm posting here.

My sister-in-law joined a beauty clinic called "Angels" six months ago. She signed an employment bond of 2 years - where she was supposed to be under training and be paid stipend of 6000 Rs./month - and incase she quits she would have to pay Rs. 50000 (she gave a blank check and her certificates at the time of joining). But, within a week she was put in to production and continued to be in production through the 6 months with little or no training. Along with that, she was verbally abused by her superiors. (nothing too serious - just wasn't a healthy environment). Even after she spoke to the concerned HR, the issue was not resolved. Additionally they had unfair work hours - 10 hours a day and 6 days a week - with no leaves and week off was not on sunday.

So, she submitted a resignation letter at which time they asked her pay 50,000 - which she denied. We have repeatedly asked them to handover the certificates and a copy of the bond to proceed legally. We haven't heard back.

Now, they have sent a notice saying her check has bounced and they will take legal action under Sec 183 (check bounce) if we do not pay them the amount within 15 days.

Given the unfair employment practices, work place harassment and one-sided bond - do we have a case? and if so what are the points we can argue? 

Also, irrespective of bond, can they hold her certificates hostage like that?

And it would be great if someone can also suggest an excellent advocate who deals with employment law.

Thank you!!



Learning

 5 Replies

Sateesh (SA)     28 January 2014

The 6000 rs was paid by hand - not by bank.

Also, they stopped allowing her inside the premises when she tried to speak to the manager - asking for an appointment.

Kumar Doab (FIN)     28 January 2014

Without any delay approach a competent and experienced lawyer handling cheque bounce cases and well versed with labor law/service matters and respond to the cheque bounce notice.

NO citizen or employee should ever sign a blank cheque, submit certificates without acknowledgment, and sign a BOND without consulting elders in the family, competent and experienced well wishers, lawyer/law firm.

Original Educational Certificates of the employee are property of the employee and employer or anyne can not have any lien on it.

Blank Cheque against employment is a bad practice.

If you have posted the facts and you have evidence then you are stating that employer  has breached the terms of BOND by not providing any training.

 

However now let your matter be handled by a competent and experienced lawyer.

 

 

 

 

Sateesh (SA)     28 January 2014

Thank you for your reply, Kumar.

Can you suggest any competent lawyer from hyderabad who deals with this kind of stuff? Or where/how i can find a competent one from the ocean of lawyers.

Sateesh (SA)     28 January 2014

I really want to fight this. I just dont want to pay the company - I'm ready to spend the money on a good lawyer instead.

They are holding many people by these scaring tactics

Kumar Doab (FIN)     28 January 2014

NO.

Your near and dear ones can guide you to a competent and experienced lawyer.

If you wish to avail the services of LCI lawyer you can conduct search at:

 

https://www.lawyersclubindia.com/lawyers_search/#.UudePxC6bIU

 

LCI is flasshing the list of related lawyers at the bottom of web page of the thread initiated by you.

 

You can access and chat with Pro Lawyers.

 

IN each city there a few lawyers who practice in Labor/service matters only and they specialize in it and are well known.

The typical Labor/service matters are usually referred to them.

Likewise there are lawyers who specialize in Criminal Law: Chq bounce................

You can visit Labor Court, civil court and find out the list of lawyers handling labor/service matters, cheque bounce cases.

The President/Secretary of of local Bar Council, Dist. Bar Association can guide you............................etc.

 

YOU shall need to find your lawyer on your own and settle your terms with your lawyer on your own.   

YOU can also approach Trade Union Leaders e.g. INTUC, CITU, AITUC and you may find that they can be of help to you.

If the employee has been wronged by employer employee can approach lawful authorities as well e.g:

O/o Labor Commissioner

 

Inspector under Shops and Commercial Establishments Act

 

Inspector under Payment of Wages Act

 

The local o/o Labor Commissioner can provide you the further details and contact details of all officials.

 

 

 


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