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jay (trainee)     18 May 2012

Bond dispute

Hi ,

I have joined a private company as a trainee software engineer having a bond of 2 years with bond amount of Rs 1.5Lac. But now i am getting a job in some other company and they are asking for the documents like releiving letter. Now I want to leave company but they are saying if you need your releiving letter and service letter you need to pay rs 1.5lac. 

Please suggest me the ways of getting the documents without paying the money and is the bond is valid in India.

thanks



Learning

 3 Replies

Kumar Doab (FIN)     18 May 2012

You may show your appointment letter, bond, all communications in your record, to a competent and experienced service lawyer and give inputs in person. You lawyer may confirm that you fall within the category of workman.

Have you been provided any training that added to your skill or qualification?

Has any training completion certificate been supplied to you?

What was the cost of training per person/on you?

For how long you have worked with the company after the training and do you have any data on revenue and profits generated by you for the company?

What is your designated in your appointment letter? You may obtain copy of certified standing orders of the company which are to be displayed at the entrance, or may be available at HR page of the employee portal.

You may also obtain employee rule book, which is to be circulated/supplied to employees.

Or you can demand these from concerned HR personnel. If these are not supplied by Hr you may write under acknowledgment to good offices of your appointing authority, MD with a copy to Head-HR.

You may obtain printouts, forward copies of all emails, letters which can be later useful to you. You may obtain SE Act applicable to your state from Labor website or market.

You should have consulted elders in the family, competent and experienced well wishers, trained legal mind before signing on the bond.

jay (trainee)     18 May 2012

Its been now 1year though I was promoted to associate after 6months on confirmed basis.

No any written document is not provided by them in form of certification or written anywhere regarding training given.

Is such type of bond is valid in India.

Kumar Doab (FIN)     18 May 2012

You have affixed your signatures on the bond towards your acceptance. Based on this company can proceed to enforce the conditions.The contents of the bond need to be studied to understand what are the grounds for creation of this bond..

You may post the copy of bond, appointment letter.You may erase the names etc. to maintain the confidentiality.

You need to prove that no training was given to you. If company has not actually provided you any training as described in the bond then you can write to the good offices of your appointing authority,MD ,Company Secretary, under proper acknowledgment, stating that no training as expressed in bond was actually provided to you hence bond should be cancelled.


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