Breaking of service bond
manju
(Querist) 07 October 2014
This query is : Resolved
Sir,
I am Graduate Engineer Trainee in L&T construction of 2014 batch. They have taken undertaking and Guarantee of 2 lacks for 2 year. Now I have completed 3rd months. They have not mentioned about working hours in the bond. now They are making me work 12 hours per day( some times more than that). Because of such a worst working culture, I don't have personal life and feeling mentally depressed. Now I have decided to leave job. but I am afraid of BOND. please help me out legally to make my future better.
Nadeem Qureshi
(Expert) 07 October 2014
Dear Manju
The company can not do that, the working hour is 8 hours and if you have any documentary evidence regarding working hours more then 8 hours then send a legal notice to them with the breach of working hours rules and left the company without perform the service bond's terms and conditions, the company can not do any thing against you.
You may also file a complaint against the company before labour commissioner of your area for breach the labour laws.
Feel free to Call
Rajendra K Goyal
(Expert) 07 October 2014
Instead of resigning, let the company terminate you for not working more than 8 hours.
Kumar Doab
(Expert) 08 October 2014
>>> Such contracts can be terminated.
However this would require a careful strategy that should be preferably drawn in consultation with elders of the family, seasoned employee’s/trade union’s leaders/Labor law consultant-service lawyer-law firm………………
Employee should never act in haste.
>>> Normally your work hours shall be as per work hours of the Department of the establishment with which you are attached for training.
>>> The Trainee/apprentice are appointed as per Standing Orders of the Management/Apprenticeship Act.
Thus certified standing orders (CSO)/apprenticeship rules shall be applicable.
Duty hours and OT is explained in the rules………………….and employer can not violate the rules.
Employer himself is held responsible for violation of standing orders. Copy of the standing orders is to be displayed at a conspicuous place in office and a certified copy is to be supplied to employee even if against a nominal charge say Rs.10/-.
Employee or anyone can obtain copy of standing orders from certifying officer (CO)that might be DLC in o/o Labor Commissioner.......................against a nominal charge say Rs3/page.
Find out you are appointed under which rules?
You will have to download/obtain the copy of pertaining rules/standing orders on your own. These might be placed at shared portal/HR portal etc……………..
You shall have to generate and obtain proof of work hours on your own.
For Such matters employees/person should unite and stand as a witness to each other.
Since you want to prove the breach of trust by a dishonest employer and prove the employer as ‘UNWORTHY OF BEING EMPLOYED WITH’ you should generate irrefutable evidence on record that can be proved.
>>> OT is applicable beyond duty hours.
OT and its rate and Max. OT hours (limits of OT) are well explained in enactments applicable to the establishment and NO EMPLOYER can defy it.
You may go thru:
http://www.lawyersclubindia.com/forum/Not-getting-experience-letter-from-my-employer-110211.asp#.VDQR92eSwb8
>>> OT should be properly recorded by employer is prescribed forms/registers and OT should be paid by employer along with earned wages on usual pay day.
If employer is extracting 12 hrs/day work but recording only 8hrs/day then it amounts to falsification of record and it is offence.
>>> Apprentice cal also terminate the contract!!!!!!!!!!!!!!!!!!!!
Apprenticeship Rules, 1992: 2 (3): Engineering Graduate" means……
(6) Registration of Contract of Apprenticeship:
(10) Maintenance of record of work by
apprentices: Every Graduate or Technician or Technician (Vocational) Apprentice shall maintain a daily record of the work done by him relating to the apprenticeship training in the form of:
(1) : The weekly hours of work of a trade apprentice undergoing practical training shall be as follows, namely:
(a) : The total number of hours per week shall be 42 to 48 hours (including the time spent on Related Instruction)
(2) -No trade apprentice shall be engaged on such training between the hours of 10.00 P.M. to 6.00 A.M. except with the prior approval of the Apprenticeship Adviser who $hall give his approval of the
Apprenticeship Adviser who shall give his approval if he is satisfied that it is in the interest of the training of the trade apprentice or in public interest.
(3) Graduate, Technician and Technician (Vocational) Apprentices shall work according to the normal hours of work of the department in the establishment to which they are attached for training.
14. Record and returns:
---------------SCHEDULE-V: (See Rule 6): Obligations of Employer (both in the case of Major and Minor Trade Apprentices).(Under section /I of the Apprentices Act, 1961)--------------
8. WHERE THE CONTRACT OF APPRENTICESHIP IS TERMINATED ON ACCOUNT OF FAILURE ON THE PART OF THE EMPLOYER TO CARRY OUT THE TERMS AND CONDITIONS OF THE CONTRACT, HE SHALL PAY TO THE APPRENTICE OR HIS GUARDIAN. (IN THE CASE OF A MINOR) COMPENSATION IN ACCORDANCE WITH THE RATES AS SPECIFIED UNDER RULE 8 OF THE APPRENTICESHIP RULES, 1991.
------II: Obligations of Trade Apprentice (both in case of Major and Minor Trade Apprentices)
(Under Section 12 of Apprentices Act. 1961)---------.
2. The apprentice shall conduct himself as a trainee and not as a worker, learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled Craftsmen in his trade before the expiry of the period of training.
