Help to get relieving/experience letter
Manu
(Querist) 12 June 2014
This query is : Resolved
Hi,
I am working with an MNC in gurgaon and I was forced to sign 2 bonds with my company. The first bond was for 2 years and i have served the company for 2 years as I travelled to US from the company. However, i was forced to sign the 2nd bond incase i wanted to get promoted in the company. I denied signing it but at that time i had no job and ended up signing the bond. Now, I am not getting promoted and I have to leave the job as my family and in-laws are against night shifts or BPO jobs. I am eldest child and i dont have a father, hence i am taking care of my family. I have to agree to this decision of getting married but the company is forcing me to either pay them the bond money or stay with organization. I cant stay due to my marriage and as i am not that financially strong so can't even pay the bond. But this is unfair as i am not even taking the promotion. This company will spoil my career if I won't get my experience/relieving letter for being with them for more than 2 years. Please help as I really need my experience so that in future i can atleast work in some different organization in day job.
Thanks
Manu
Sunil S Nair
(Expert) 12 June 2014
You can take help of local labour lawyer and send a notice for one month asking for all dues and claims to be settled because signing of bonds does not make mandatory for an employee to work or fulfill all conditions if it is seemed one sided and destructive for employees future
malipeddi jaggarao
(Expert) 12 June 2014
What are the contents of second bond? There might be some loop-holes in it. The local expert lawyer can find out. Take his assistance and prepare a notice serving the notice period by resigning the job. In the same notice, you can make a mention about necessity of leaving the job as you are planning get married and night shifts are not suitable for you. If they do not relieve you in time, you can serve final notice through the advocate asking for reliving certificate.
ajay sethi
(Expert) 12 June 2014
it is necessary to go through bond signed by you to advice . contact Mr Dhingraji he is service expert from delhi and can guide you
Manu
(Querist) 12 June 2014
Hi All, thanks for your guidance and responses.
We were never given the copy of bond. All bond documents are with the company. The condition to sign bond was such that if i want to get promoted then i need to sign it. So, i did as i had no other job. Per this second bond, one year is for grooming to take up next level role and second year is to serve the company as they may have promoted us by completion of first year(grooming period). I can't foresee my promotion and i would not be getting it now as i need to leave but company is forcing me to pay it off. My 2 years of experience would be wasted and i cant afford that as i need to work later but in some day job to support my mother and siblings.
I have sent my resignation and I am serving one month's notice per company norms. I have requested them to waive off the bond amount but they are forcing to me pay it off. My last date of work in July 4th so can i include a local labor lawyer right now to help me get my relieving after all formalities
Sunil S Nair
(Expert) 13 June 2014
Yes you must include local lawyer who undertakes labour cases may be an expert in that field
krishna mohan
(Expert) 13 June 2014
Just check whether the notice period in your appointment letter is contradicting with the bond period. Usually bond is obtained to compensate monetary loss, especially spent in training or upgrading your skills to your company. You can demand for a copy in writing if you decide to leave. Then consult an expert lawyer on service matters to guide you and if necessary he can help you to draft the resignation letter if not submitted already by addressing the points carefully.
Kumar Doab
(Expert) 13 June 2014
What is your designation and nature of duties?
It is strange that companies conceive ideas of creating BOND for even things like that “In future if employee shall be promoted”………………………………{although there is no Guarantee that employee shall be promoted} and it is more strange that Employees sign such propositions without showing the BOND to anyone in family, lawyer, union leaders……………………………and don’t even retain a copy.
Now the situation being posted is that if employee doesn’t pay BOND money then he won’t be allowed to get documents that are mandatorily to be given as per statues/ instruments of law………………………and render them unemployable………………….
It is another hi-tech form of Bondage and like in the previous decades an illiterate/hapless citizen willfully jumped to become Bonded Labor, NOW the well qualified, properly educated younger generation is willfully offering themselves to be BONDED……………………..Labor.
The question arises who advised to sign such BONDS?
It is an imp. question that should be answered by community of young employees……………………………..as an alert parent, spouse, well wishers, employee’s union leaders, trade union leaders, lawyer/law firm shall not advise to sign any bond without seeing it, analyzing it, understanding the implications………, negotiating T&C etc……………..
The employer shall promote an employee if the employee is promotable.
The training on company’s policies, processes, strategies, products, systems, management practices has to given without any cost to employee.
Why NO copy of the Bond be given to employee.
How can your lawyer advise you on the flaws and lapses in BOND?
In such trades employee should become member of employee’s unions, trade unions and they know precise ways to handle such matters and handle, negotiate, agitate on such service conditions.
It is almost certain that line management, HR shall not even forward your request, leave apart processing it, for waiving off the Bond penalty……….
You will have to approach a competent and experienced labor consultant with whatsoever docs you have on record and let your lawyer now draft and structure your representations…………………
BPO’s, KPO’s, IT, ITeS companies are covered by Labor Laws.
Demand the certified copy of standing orders applicable to the establishment, HR polices/service rules and regulations mentioned in the appointment letter, both BOND……………..
You may go thru many of the threads on BOND e.g.
http://www.lawyersclubindia.com/experts/Service-agreement-bond-clarification-needed-475201.asp#.U5r1LHKSwb8
http://www.lawyersclubindia.com/experts/Payment-of-indemnity-bond-419196.asp#.UiNgTNKAqWM
And interesting publications at:
Challenges for Organizing the BPO Workers in India
http://www.amrc.org.hk/text/node/1088
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
If what you say is right about the second bond, I think your company might have printed something else in the second bond other than what is told to you that you are believing. Have you sent in your resignation in writing and have obtained an acknowledgment, if so, let them inform you about the existence of second bond condition which bar you from leaving the job without fulfilling the stipulations agreed to by you thereupon. You can then think about initiating legal action against the company, if need be, through a lawyer.
