Not fulfilling service bond and notice period
vicky
(Querist) 05 June 2015
This query is : Resolved
Dear Sir
I have submitted my resignation with my ex-employer with a 15 day notice period.
I have worked in this organization for approx. 18 months. My services were confirmed after 6 months of joining.
My notice period is 3 months of gross salary.
I have not served that so that they have not provided me relieving letter.
Another thing is I have signed a service bond there on which it is wrtten that employer will conduct a training
in abroad whose expenditure are INR 2,00,000/- (Two Lacs) for which i have to serve organization for three years.
But they have not conducted any abroad training program.
After my resignation they are demanding INR 200000/- for service bond and INR 75000/- for not serving notice period.
I refused to pay it.
Now they have filed a case in civil court. Also they are threatening that
they will send some summons to my current employer.
Kindly suggest what i will do to overcome it.
Regards
Vicky
Kumar Doab
(Expert) 05 June 2015
They have sent legal notice to you?
or
They have filed case in court and you have received summons?
They have demanded monies verbally or in writing? Who has demanded it?
If ground for this so called BOND was some training that was to be conducted but was not conducted the demand of liquidated damages may be unconscionable, unreasonable,void!
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 appointment letter and this so called BOND?
Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?
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?
What was your monthly salary?
Have you consulted an able Labor Law Consultant/service matters lawyer/law firm so far? If yes what is their opinion?
Rajendra K Goyal
(Expert) 06 June 2015
If they have filed law suit, consult a local lawyer and oppose their claim.
Guest
(Expert) 06 June 2015
From the given facts, it is certain that you cannot escape from the payment of notice period pay. But for the bond amount, analysis of the provisions of the service bond vis-a-vis your service condiditons are necessary to be made before arriving at some purposeful opinion. So, better meet personally with some service law expert and show him your service related documents.
Kumar Doab
(Expert) 06 June 2015
Notice period of 90 days may not necessarily be applicable to you.
You have worked for 18 months as per your post. Thus notice period applicable to you may be max.30 days.
However for further response you need to reply to all points, pointwise.
You may also post if you were made to work for extended hours and if any OT was paid or not. You must download evidence of extended working and confirm.
Thereafter you may stake claim to OT.
vicky
(Querist) 07 June 2015
Dear sir
Already my case is running in civil court,
My advocate opinion is you may have to pay the notice period amount, Also said that the court's decision will take some time.
Also we can fight in other courts if decision in not in our favour.
Other points
1. It is a registered company dealing hydro in turbines. EPC (engineering procurement and construction) Company with approx 300 manpower strength having registered office in delhi & corporate office & ex-works in haryana.
2. I have received money demand letter by post from HR deptt on company's letter head.
3. I am designated as a 'Engineer' in design department. My net salary is INR 24000/-
Salary slip, pf slip & first year form 16 is provided by company.
I have appointment letter received from company. But they have not provided the service agreement copy which i have signed.
I have only read & sign it at the time of joining.
4. I have drop my resignation by official emails addressing to the design deptt HOD & HR deptt HOD with signed resignation letter as an attachment.
5. Also i have drop a email of handling over the charges / work & hand over the official stationary to my HOD.
6. We will work upto office timings hence no overtime i have served.
Regards
Vicky
Guest
(Expert) 07 June 2015
Your statement is not understood, when you say, "they have not provided the service agreement copy." If the company has not provided the service agreement copy at the time of signing, they would have made that a part of the petition in the court case, when they have already filed a case. So, why you have not been able to get copy of the same, as the copy of petition, itself, is expected to have been provided to your lawyer? If that is not the part of their petition, on what basis they have asked for the bond amount?
vicky
(Querist) 07 June 2015
Dear sir
At the time of joining the company, I have signed both appointment letter & service bond letter. They give me only appointment letter and keep the service bond letter with themselves and told the copy of this letter is not provided to employees. At that time i have no choice to argue with them.
My advocate have the copy of service bond letter of some other colleague as the company has filed case on them also & our advocate is same. The term and conditions of service bond letter are same for them because our department is same.
thanks
Kumar Doab
(Expert) 07 June 2015
You have posted that:
----"At that time i have no choice to argue with them."
You had full choice,right,discretion to obtain the certified copy or withdraw from the appointment and all consequences.......
You could have agitated then and there..........and even approached good offices of appointing authority/MD/Chairman...................and then GRC/Works Committee, employee's unions/Trade Unions leaders,lawful authority,court of law.......
If other employee's were facing similar situation all of you could have united.
----"They give me only appointment letter and keep the service bond letter with themselves and told the copy of this letter is not provided to employees."
Who stated that?
----"My advocate have the copy of service bond letter of some other colleague as the company has filed case on them also & our advocate is same. The term and conditions of service bond letter are same for them because our department is same. "
You demand the copy of service agreement signed with you.
You have already availed the services of a lawyer.
Let your lawyer determine you are covered by the def. of 'Workman', 'Employee' or not and rather establish that you are covered....................and that correct notice period applicable to you is 30 days.............
You may find another thread relevant and pick up relevant points at;
http://www.lawyersclubindia.com/forum/Notice-period-30-days-if-not-mentioned-specifically--121928.asp
You have still not cleared the service agreement or so called Bond was created in lieu of What?
Guest
(Expert) 07 June 2015
Only your lawyer can suggest you or would do, himself, to overcome it, when he has already studied your appointment letter and the copy of the bond agreement, may be that of another fellow.
So, what he says and on what grounds is necessary to be known.
Kumar Doab
(Expert) 07 June 2015
It is as simple as that::::::If company does not place on record service agreement signed with you......................then there is no agreement signed by you.
You have still not clarified the service agreement or so called Bond was created in lieu of What?
You are looking for second opinion.........................Rather qualified second opinion...............that is possible after perusal of all documents on record.
Shri P.S.Dhingra has already advised you to share what has been advised by your lawyer.
dr g balakrishnan
(Expert) 27 July 2016
friend, if you wanted to jump away from yr employer why did you sign bond etc, obviously you break your own promises, who can trust you .sorry.
