want to leave job
chetan Jadhav
(Querist) 17 June 2016
This query is : Resolved
I have signed 2 years one sided bond in an IT company.
compensation amount is 2 lakh + 25% interest. as company stated that they are paying 20000 per month on our training.
company trained us only for 20 days and asked to go live on work.
now i need to leave the job.
i have joined 2 months before.
please advice.
adv.bharat @ PUNE
(Expert) 17 June 2016
What are TOR for your appointment?
If you want solution for this problem then share TOR to get proper guidance.
chetan Jadhav
(Querist) 17 June 2016
Thank you for your reply, I don�t know what do you mean by TOR of your appointment, as I am a novice in the industrial field. I can explain you some points which are mentioned in my appointment letter, please help me if these points are useful to get me out of this. 1. You will be under probation period of 3 months from the date of joining, which may be extended purely at the discretion of the management and during the said probationary period and upon its expiry, the company shall have the right to terminate your services without any probation till your service are confirmed in writing assigning any reason whatsoever. You will continue to be on probation till your service are confirmed in writing by the company. At the end of your period of probation or extended period of probation, if you are considered fit for the job, you will be confirmed of your appointment in writing by the company. 2. You will be governed by the rules and regulations of the company that might be in force from time to time including the standing orders applicable to the company. 3. After confirmation, your service can be terminated on 30 day�s notice or salary in lieu thereof from either side, except on disciplinary grounds, for which no such notice period is necessary from the company. In case, you wish to discontinue the service within 24 months of appointment you would be required to give compensation of 6 months salary and amount equivalent spend on account of your training. Your services shall be liable for termination without any notice if it is found that you have passed any information or material regarding the company to any person outside to the preview of the company. 4. Your name will automatically be struck off from the muster rolls without making any reference to your, if you are found to be absent from duty for more than 7 days continuously without any prior sanction of leave. 5. You are also liable to sign a bond under the service contract and the terms and conditions of the same shall also form a part of your service/professional ethics.
Rajendra K Goyal
(Expert) 17 June 2016
Show all documents to local service law expert lawyer and discuss in detail.
Kumar Doab
(Expert) 17 June 2016
Whatever it is::: i.e. TOR or any T&C inserted in appointment letter if illegal/violative of enactments applicable to employer/establishment...law of the land is VOID.
In Republic of India: it is constitution that is supreme.
Executive,legislature, judiciary is subservient to Constitution.
The constitution has vested rights in citizens and for that matter employees.
Employer and establishment is not superior to the law of the land but inferior.
>>> Apparently during probation period there is no notice period.
What was this training for? say; policies/practices/products of the company so as to familiarize the employee and enable to handle the counters of employer?
Was this training a certified course from some certified Instt., and did this training added to qualification and/or extra ordinary skills?
Has the company states in writing that it is spending Rs.20000/pm?
Do you have signed the so called Bond?
The word Bond may get termed as derogatory as bondage has been banned in India.
Were you provided with any copy of the Bond?
>>> While posting such queries employee should post full basic information :
e.g;
Have you been issued with appointment letter? ( Noted; you have been)
You may post the exact extract from appointment letter on termination/resignation,Notice pay in lieu of notice period,payment of wages etc ( You have posted)
What is your designation and nature of duties in appointment letter and on record/ in practice?
Is any date of payment of wages mentioned in appointment letter?
How was salary paid; cah/cheque/in bank a/c?
Did you sign any voucher? Do you have copy? Did you put date of payment on it?
You were in which state ?
What is this establishment; Commercial/Industrial ( Noted: IT company)?
Does it have Certified/Model standing orders and does it apply to your designation? ( You have posted the extract and that indicates standing order are probably applicable; If yes confirm it is (Model/certified). The so called Bond might be violative of standing orders!)
Are you a member of employees/trade unions?
What was your last drawn salary in Rupees?
You were under probation/confirmed ( Noted; Probation) ?
Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c?
Has it been supplying salary slips ( at least a day before date of payment of wages)?
Did you get I.Card, Visiting card,salary slips of all months, PF a/c number and a/c slips, ESIC card,Form16, etc?
You have worked for how many months ( Noted; 2 months)?
How many persons are employed in it currently and what was max. no. at any time?
P. Venu
(Expert) 17 June 2016
There cannot be any unilateral enforcement of the Bond.
chetan Jadhav
(Querist) 19 June 2016
Thank you for your valued replies, I returned with some points which were asked to elaborate in reply Adv. Kumar Doab.
1. I have been issued with an appointment letter.
2. I work as Technical Support Engineer, as it is on record & in practice.
3. The salary is paid through Bank account.
4. I didn�t sign any voucher.
5. I am from Maharashtra.
6. The organization is an IT company.
7. I am not a member of any union.
8. I am under probation.
9. Company opened an account for me, supplying salary slips.
10. I have get an I-card, but not get P/F a/c no., ESIC form.
11. More than 400 persons worked in the organization
However, I have signed the bond in court; I did not provided any copy of bond.
Please help me if these points are useful to get me out of this.
chetan Jadhav
(Querist) 19 June 2016
Thank you for your valued replies , I returned with some points which were asked to elaborate in reply Adv . Kumar Doab. 1. I have been issued with an appointment letter. 2. I work as Technical Support Engineer , as it is on record & in practice. 3. The salary is paid through Bank account. 4. I didn�t sign any voucher. 5. I am from Maharashtra . 6. The organization is an IT company . 7. I am not a member of any union. 8 . I am under probation. 9 . Company opened an account for me , supplying salary slips . 10 . I have get an I -card, but not get P / F a / c no. , ESIC form . 11 . More than 400 persons worked in the organization However , I have signed the bond in court; I did not provided any copy of bond. Please help me if these points are useful to get me out of this.
Kumar Doab
(Expert) 21 June 2016
You have not replied to all points, pointwise. You may reply to all pending points.
You have grossly erred by joining under such punitive conditions and more so by not becoming a member of employee's unions.
It is felt that 60 days notice may not be necessarily applicable to you even if inserted in appointment letter.
Usually companies/employers and HR/Line Management personnel do not easily give up the employees held under Bond/agreement.
There are various publications/threads hinting that their BGV/reference check is spoiled.
Therefore it shall certainly be appropriate to consult a very able counsel specializing in Labor/service matters and well versed with such matters and let your counsel draft your representations. Your counsel can help you come out of situation without any adverse effect to you., and opine after due examination of all docs on record and your inputs.
Do you agree?
If yes, reply back for further response.
OR if you don't agree and are confident that you can handle the matter by your own skills then: You may write to the person that has signed on the Bond and appointment letter to supply you the authenticated copy of the Bond, Standing order (certified/model).
P. Venu
(Expert) 22 June 2016
"However, I have signed the bond in court"! Which Court? How?
I have. so far, come across any such process or procedure in any Court.
Guest
(Expert) 22 June 2016
Language of the bond and its terms vis-a-vis the terms & conditions of your offer/ appointment letter are relevant to chck the legal valifity of the bond and to form any viable opinion. So, show your documents to some service law expert and get appropriate advice.
SUPER SPECIALTY SERVICES FOUNDATION (INDIA)
chetan Jadhav
(Querist) 08 July 2016
Thank you very much for your valued reply, i want to come out of this situation without any adverse effect to me.
I forget to mention one thing, that company had collected original copies of my passing certificates.
Company forcing me to work for extra hours, however my shifts are rotational. The schedule is also not fixed.
Please let me know what else information you required to advice me.
Awaiting for your reply...
Kumar Doab
(Expert) 08 July 2016
As already show all of the above mentioned docs to a very able counsel for considered opinion.
Download evidence and demand to work OT, clocked hours and declinature to pay OT.
Request in writing under proper acknowledgment to return original certificates.
Your counsel shall help you on how to handle everything.
chetan Jadhav
(Querist) 15 July 2016
Thank u. one more question i have, my counselor suggest me give written request to issue original documents.
What should i do, if they refused to return my documents.
Guest
(Expert) 15 July 2016
Vague query through latest post.
If you don't ask the management in writing to returnyour original documents, do you believe that they would come to handover your documents at your door without asking?
Kumar Doab
(Expert) 15 July 2016
You need to act.
Communicate to good offices of appointing authority,MD under proper acknowledgment.
if you are unable to resolve entrust to your able counsel.
