Resigning from job before the bond to the company is over.
Ramkrishna
(Querist) 02 June 2015
This query is : Resolved
Sir,
A friend of mine joined a company after he was offered a job and he gave his acceptance and joined it after putting in a bond for 1 year. When he asked for his appointment letter they said that as the concerned person is not there he will get it latter.
My friend after working there for 10 days wants to quit the job, as there is no official appointment letter is the bond binding on him
Kumar Doab
(Expert) 03 June 2015
The service agreement (or as termed by you: BOND) is created in lieu of what extra ordinary favor by the company e.g. some certified course from some certified Instt. at the cost of the company that would add some extra ordinary skill/qualification to the employee?
If there is no such favor then you should be aware that 'Bonded Labor ' has been abolished long back.
Has he been given copy of the so called Bond?
Has he surrendered his educational certificates also to the employer and has the employer collected some security cheque also?
He has joined from which date?
What is salary day?
Has his salary been paid with salary slip?
Why does he want to leave in 10 days?
Has he been subjected to rudeness,rowdiness,abuse,exploitation,pressure,extended working hours without OT etc?
Has any I.Card been provided?
Does he have record of work hours and OT etc?
You should provide full information, pointwise!
What is this establishment registered as: Commercial,Industrial?
What is its line of business:IT,ITeS,banking etc?
How many maximum persons are employed in it at any point of time?
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the offer letter, and so called BOND?
Was any HR forms given to fill e.g. for PF, ESIC etc?
Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?
Has acknowledgment of notice of resignation, supplied to you?
Are you a member of any employee’s/Trade Unions? IF NO;Why?
What was your monthly salary?
Did you show the BOND to elders in the family before signing it? IF NO;Why?
Do you have copy of job advt.,job application,interview call letter,selection letter, offer letter, detail of salary offered to you?
Who placed the BOND before you to sign; employer himself or some HR personnel?
Who is this person that has to sign the appointment letter but is out of station?
P. Venu
(Expert) 03 June 2015
Even in the absence of appointment letter, there is a binding contract. You can leave the job in accordance with the provisions of the Standing Order.
There is no question of any Bond or its enforcement as ably explained by the learned expert, Shri Kumar Doab.
Kumar Doab
(Expert) 03 June 2015
I concur with Shri P.Venu..................that Standing Orders applicable to the establishment shall prevail upon any private agreement/rule/policy drafted by employer and signed with employee e.g. appointment letter,contract of employment,HR policy and employer personally is held responsible for faithful observance of standing orders.
If standing orders are not certified Model Standing Orders shall apply. Standing orders are certified on the lines of Model Standing Orders.
Standing orders are to be displayed at a conspicuous place/notice board and a certified copy is to be supplied to employee even if against a nominal payment say Rs.10/-----hence employee may demand it from HR-Head/appointing authority/MD...........
Employee or anyone can obtain it from CO (certifying authority) that might be DLC at location of Redg. Office of the company against a reasonable cost say Rs.3/page........
If appointment order is not supplied, standing orders shall decide................and the so called BOND might be in violation of standing orders.
The querist may reply point-wise to each point to proceed further.
Ramkrishna
(Querist) 03 June 2015
Sir,
Thank you for your response, he is an experienced candidate who has 5 years service in the field of marketing, he was not given any training by the company, in the offer letter it was stated that there were no mention about any terms of service like TA, leaves, incentives etc. They said all this will be covered in the appointment letter which was not given as the signing authority is not in the country. But they too a bond from my friend stating that if he leaves the job before 1 year he has to give the company two months salary. He has been there only for 10 days and so the question of him drawing salary has not risen.
The point in question is if he leaves the job now has he got to pay two months salary as written in the bond and signed by my friend. He has not given any original certificates to the company and he was not given a copy of the bond letter.
Kumar Doab
(Expert) 04 June 2015
You may reply to all points, pointwise to take it further.
Rajendra K Goyal
(Expert) 06 June 2015
The documents need to be referred, consult local lawyer.
T. Kalaiselvan, Advocate
(Expert) 19 June 2015
The experts have suggested you with many tips, you may take them for your benefits whichever may be applicable to your case.
