Agreement
RAKESH KUMAR
(Querist) 06 June 2012
This query is : Resolved
Sir,
my brother joined a Government of Indian Undertaking company in Feb-2011 as operator on the basis of his engineering diploma.
In offer of Appointment important points were.
-Training period will be of 3 to 6 months may be extended/curtailed on discretion of management.
-Stipend 10,000/- p.m.
-Bond period 3 years after successful completion of training.
-Management can terminate employment any time, without assigning any reasons.
-The candidate needs to handover Original certificates to company, till bond period over.
-They ask us to execute the bond of Rs. 2,00,000/- (Two Lakh) and hand over the Original certificate
The bond amount was very hues and some of the points were not clear hence we spoken to HR deptt. of company. The HRD replied that these conditions are common and not to worry. We urgently required people for operation and hence within three month training will be completed. After that the candidate will get good salary and perks.
Then we executed a bond for Rs 2,00,000/- (Two lakh) to complete 6 month training and 3 year service thereafter and handed over all original certificated to company. Similarly 5 more trainees joined in that batch.
After that real trouble start:
-The company doesnave any training programme for these operators.
-After that till today 1 year 4 months completed the training period is not yet completed. (Appointment order only 3 to 6 months training and bond executed for only 6 month training).
-Even 4 trainees has completed 2 years training instead of 3 to 6 month there training also not completed.
-The company not giving back the Original certificate also.
Problem:
We donnow when training will complete. All the trainees are mentally harassed. then no question of completion of bond.please inform
-How long 3 to 6 month training can be extended as per Indian government law.
-Whether this bond become VOID on extension of training.
-How to get original certificate back.
Please inform how to escape from this big trouble.
Regard,
Rakesh Kuamr
Devajyoti Barman
(Expert) 06 June 2012
The Company does not appear to be good one . It is likely to adopt more unfair means to retain the employees.
It is better to move away from it.
Ask for original papers.
Since terms of the original agreement is not honoured by them you can ask for return of originals.
If not then file case u/s 406 IPC.
Adv. Chandrasekhar
(Expert) 06 June 2012
The employment agreement has several clauses which are unreasonable, unfair and struck down by the courts on various grounds. Ask the employer to return originals and bond money and if they refuse, you can file criminal complaint or civil suit. In civil suit, in interim application you get back your originals immediately after two to three hearings of the case.
