Leaving l&t in the first month being given the service bond
santhosh kumar g
(Querist) 25 July 2013
This query is : Resolved
SIR i joined the company on 8th of july now i have decided to quit the company after realising the work culture n the work timings of 13+ hours also they are not giving the training as mentioned in the undertaking bond instead v r forced to handle the things about which i dont have any knowledge about.The bond was signed for 2 years 2lakhs please help me can i leave the job now the company is L&T CONSTRUCTION n there is no scope of my stream in the division where i have been put n more over i have climatic health issues even after requesting that they are not changing my location n they are forcing me work here only please halp me if i have to pay the whole 200000 rs as mentioned in the bond?
Guest
(Expert) 25 July 2013
Depends upon examination of the terms & conditions of the bond.
Kumar Doab
(Expert) 25 July 2013
Mr. Dhingra has given valuable advice. Kindly follow it, and before proceeding on your own, get your documents and merits examined by your lawyer.
You are appointed as a Trainee under some Management’s Training Programme or as an apprentice?
If many employees are facing similar situation, all such employees may join hands and be a witness to each other…..
If the bond is in lieu of the training to be provided by the company at its cost……………..and it is properly stated in the bond…………..And if the company has not provided any training (there is no classroom/workstation, no faculty etc) and is extracting wok out of trainees/apprentices like from a regular employee, it may be termed breach of agreement/bond by company.
Against work hours: of 8 hours/day or 48 hours/week, if company is subjecting the employee to 13 hrs/day then it may be termed hazardous for the health of employee……………….. Do you have record of being on job for 13 hrs /day? If yes lodge claim for OT in time, under acknowledgment.
If the process to be handled by employee is mechanized and employee does not know the machine and no supervisor/senior is available to monitor and supervise: it can be fatal for the employee……………….For putting the life of employee at risk the employer may be declared as unworthy of being employed with.
Have you ever complained to officials in o/o Labor Commissioner and have these officials ever place the irregularities on record, if yes, this may help all employees facing similar situation.
During the interview company selects candidates having adequate qualification in corresponding stream. The employee also looks for experience, specialization, expertise in sector and discipline corresponding to his education……………If the company selected the employee for one division but placed in another division in which employee does not wish to peruse his career, employee should represent in writing……………….
If the climate, environment, is taking toll on the health keep clear medical record and represent in writing, under acknowledgment……………….
You may note that the onus of providing evidence, witness, proof to your contentions lye upon you.
It shall be appropriate to show the job advertisement, interview call letter, offer letter, appointment letter, bond………………..etc to a competent and experienced labor consultant/service lawyer, specializing in such matters, give inputs in person, understand the merits, and proceed under expert advise of your lawyer………………………..
Let your lawyer structure and draft your representations so as to build a favorable record in writing to support you in the long run……………………..
If the company proceeds to recover the amounts stated in bond and the matter lands up in court of law……………….the court shall decide on the merits, reasons, reasonableness……….. and the reasonable amount, if any, to be paid by employee.
