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Abhishek   30 July 2017

Legality of employment bonds in india

I joined a reputed Coaching Institute as Physics Faculty 5 months back . Before joining I was made to sign a service rule document which stated that I am signing a two year contract with company therefore I can not leave company before 2 yrs . Moreover 10 % of my salary is deducted as Sincerity which I immediately loose if I do not serve above 2 yr period. Apart from that Company has kept a signed undated security check of around 3 lakhs . 
Having served in company for 5 months I can say they are literally expoiting faculties. Sometimes even one weekly off is also not given. During PTM the extra time teachers spent are never compensated. Even on slight complaint of weak indisciplined students teachers are changed causing great humiliation. If I leave the company can company take any legal action against me. I am not expecting back any sincerity deducted so far . But security check amount is huge plus I can not afford any legal complications .
Kindly advise.
I have also read some "Employement Bonds are not enforcable in India"



Learning

 22 Replies

Dr J C Vashista (Advocate)     30 July 2017

1. Did you mention the circumstances to the Management/employer in writing? If not, be bold, frank and submit the facts without any fear or favour. At the most the employer shall show you the exist door, which is your prime aim (as I could make out from your post).

2. Employment bond is sham, do not get bothered about it.

3. Insturct your banker to stop payment on presentation of the cheques deposited with your employer and issue notice for return of security cheques deposited by you; if they (employer) do not return file a suit for permanent and mandatory injuction as well as a police complaint for blackmailing, threat and extortion.

4. You will have to engage a consult a local prudent lawyer for proper guidance and proceeding.

Dr J C Vashista (Advocate)     30 July 2017

1. Did you mention the circumstances to the Management/employer in writing? If not, be bold, frank and submit the facts without any fear or favour. At the most the employer shall show you the exist door, which is your prime aim (as I could make out from your post).

2. Employment bond is sham, do not get bothered about it.

3. Insturct your banker to stop payment on presentation of the cheques deposited with your employer and issue notice for return of security cheques deposited by you; if they (employer) do not return file a suit for permanent and mandatory injuction as well as a police complaint for blackmailing, threat and extortion.

4. You will have to engage a consult a local prudent lawyer for proper guidance and proceeding.

1 Like

Kumar Doab (FIN)     30 July 2017

Subsequent to straight forward and clear post by Dr.J.C.Vashista.

You could have consulted elders of the family, competent and experienced well wishers, colleagues, Teacher's Forums/associations leaders, a very able local senior counsel of unshakable  repute and integrity  specializing in service matters etc etc before signing on the dotted line.......................

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

 

Does any of these lay down any condition in writing for said service agreement and said security cheque and said sincerity deduction and its forfeiture in case you separate before said period?

Has employer/establishment demanded said cheque in writing................more so has it termed it as security cheque in writing?

Has it issued any acknowledgment for said cheque................more so has it termed it as security cheque in writing in acknowledgment?

 

Does it issue salary slip and show the deduction as said Sincerity Deduction?

Kumar Doab (FIN)     30 July 2017

Since you have signed by your free will, the establishment and employer can press the clauses.

You are pointing to harassment, exploitation etc etc ..........................Do you have any of its evience to render employer as unworthy of being employed with?

Does your employment contract, service rules provide for compensation on PTM days or on off days?

It is clear that off days are not work days.

Kumar Doab (FIN)     30 July 2017

If you are wary of legal complications then resolve by applying your own skills and resources.

If you are unable to; and most probbaly employer may not agree to step back; then lean on a very able counsel as already suggested.

Kumar Doab (FIN)     30 July 2017

Since you are a teacher you may not be covered by "Workman' as in ID Act.

You may have to approach 'Educational Tribunal'.

Your employer may 1st issue legal notice and then approach courts..........

 


(Guest)

Bonds are agreements of service contract and legally valid also, if they contain any void or illegal condition as against the contract act or the service laws.

 

 

Kumar Doab (FIN)     02 August 2017

The said Bond was crafted in lieu of which extar ordinary benefit to employee say some certified training from some certified Instt.?

Did employer spent anything on you to say train you?

Did employer spend some huge amount to recruit you?

Abhishek   02 August 2017

Respected sir 

The said Bond was crafted in lieu of which extar ordinary benefit to employee say some certified training from some certified Instt.? 

A. No not at all. It was in house 21 day training at the Institute's training centre at Delhi. Only Daily Tests were conducted . Few HR worshop so as to get accoustomed to Company's culture. Some demo lectures . In fact it was testing training so as to test candidates inside out .
 

Did employer spend some huge amount to recruit you? 
Just a newspaper Adverstisement . One written paper + one demo lecture . Infact thats the reason they tested the candidates for 21 days under the garb of training. Only 75 % of salary was given during training.

The company states since faculty left in between academic session it cause financial loss to them. However they fire faculty anytime when ever suits them.

 


(Guest)

Loss sustained by the employer due to faculty deserting in between academic session cannot be recovered from the employees ethically or legally.

 

1 Like

Abhishek   03 August 2017

Thanks a lot sir !!!!
you are doing a great service !!!!

Abhishek   03 August 2017

Sir 

My sincere thanks to you !!!!


(Guest)
Originally posted by : Abhishek
Thanks a lot sir !!!!
you are doing a great service !!!!

 

You are welcome Abhishek.

My sincere efforts are that any person suffering with some genuine problem should be put at loss by any employer.

I have seen several members claiming to be experts and make so many wasteful and space filling posts without any clear solution just to confuse the persons facing problems, but with a clear intention just to falsely rise high and high in the hall of fame of the LCI. Contrarily, I tend only to make some brief, to the point and purposeful opinion, if that can help the querists.

I raised only three of my most genuine questions about the reasons of failure to get justice in the court of law and or lawyers. None of the experts come forward to reply those questions. If any expert resonded, instead of speaking on the real issues, they tried to rebuke me.

You can also notice the incidents from the following links of the questions:

https://www.lawyersclubindia.com/experts/What-can-be-the-major-causes-of-heavy-delay-in-judgments--649401.asp

https://www.lawyersclubindia.com/experts/What-to-do-if-some-lawyer-fail-to-get-justice--649406.asp

https://www.lawyersclubindia.com/experts/What-are-the-main-reasons-that-lawyers-lose-cases-of-clients-649411.asp


 

 

Kumar Doab (FIN)     03 August 2017

Originally posted by : JIGYASU



Originally posted by : Abhishek



Thanks a lot sir !!!!
you are doing a great service !!!!





 

You are welcome Abhishek.

My sincere efforts are that any person suffering with some genuine problem should be put at loss by any employer.

I have seen several members claiming to be experts and make so many wasteful and space filling posts without any clear solution just to confuse the persons facing problems, but with a clear intention just to falsely rise high and high in the hall of fame of the LCI. Contrarily, I tend only to make some brief, to the point and purposeful opinion, if that can help the querists.

I raised only three of my most genuine questions about the reasons of failure to get justice in the court of law and or lawyers. None of the experts come forward to reply those questions. If any expert resonded, instead of speaking on the real issues, they tried to rebuke me.

You can also notice the incidents from the following links of the questions:

https://www.lawyersclubindia.com/experts/What-can-be-the-major-causes-of-heavy-delay-in-judgments--649401.asp

https://www.lawyersclubindia.com/experts/What-to-do-if-some-lawyer-fail-to-get-justice--649406.asp

https://www.lawyersclubindia.com/experts/What-are-the-main-reasons-that-lawyers-lose-cases-of-clients-649411.asp


 

 

" about 6 hours ago    Abhishek Points: 30 Sir  My sincere thanks to you !!!!  

Dear LCI Querist @ Abhishek,

You are welcome.

 


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