You may not act in haste. You should understand the applicable rules, laws and documents signed by you, your rights and rights of the company as well.
Consult elders in the family, competent and experienced well wishers, trained legal mind amongst acquaintances, lawyer/law fir, before you firm up your decision.
You can seek guidance from good, senior, known union leaders also who are well versed with the nuances of the practices and systems in your company.
---“Provided further that this bond shall in all respects be governed by the laws of India.”
The company may file civil suite for recovery, claiming the compliance to the terms of bond are contractual obligation. Company may decline {on record in writing, or verbally} to accept resignation, to issue experience certificate, reliving letter etc….A vindictive and zealous employer may write to next employer. Company may claim that you are absconding/
you are not relieved. Next employer may ask to furnish proper reliving document from past employer.
The employee is such a situation should obtain all communications by past employer and keep copies in his personal file at home for use at appropriate time in appropriate forum.
--“Or the amounts received by Management Trainee as pay, allowances, traveling expense and cost of equipment etc, during the period of training and service in the company together with interests ‘
You may offer to pay 5 months pay received by you. Probably first six months shall be counted as period of probation and apprentice can make an application
Why and how the cost of equipment is mentioned is to be understood??
Have you signed the receipt and issuance of any equipment to you?
If yes;
-Has the company described details of the equipment/instrument and its vintage, cost etc in the document issued to you?
-You may submit all company property under proper acknowledgment from company personnel properly authorized by company to receive company property from you.
It shall be pertinent to place on record by you if you were actually provided any training or you were put to work as performed by regular employees?
Company may lay a claim trainees/apprentices were working under supervision and guidance.
The Apprenticeship act is attached.
For your association, separation you may go thru Act and guiding rules laid out by Central Apprenticeship Council, Board of Apprenticeship Training……
--The guidelines on Apprenticeship Experience certificate are attached.
--FAQ are attached:
“A'Certificate of Proficiency' is issued to the apprentice on his/ her successful completionj of apprenticeship training. Period of apprenticeship training is treated as work experience.”
“13.
Cananapprentice leave apprenticeship training in between?
~ Yes.he can leave Apprenticeship Training before completion, if he gets employment;' gets admissionorigherstudies.or he is medically unfit. " .
He can request the employer to terminate the Contract,stating the justified reason(s) andsubstaQ~itiating withdocuments. The employer willrecommend to BOAT (WR) for termination of contract whh/ withoutrecovery training expenses. Maximumrecovery from apprentice is limited to 03monthsstipend atminimumprescribedrate. Norecovery is effected onapprentice securing employment, orif he/ she is suffering from ill health in the case of whichan original MedicalCertificate from CivilSurgeon shouldbesubmitted”
{ To circumvent this provision company has added clauses on medical sickness in bond which may be termed unfair, impractical, unfair…… }
Apprenticeship Rules, 1992 { Attached}
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Compensation for termination of apprenticeship:
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8. Where the contract of apprenticeship is terminated through failure on the part of any employer in carrying out the terms and conditions thereof, such employer shall be liable to pay the apprentice compensation of an amount equivalent to his three months last drawn stipend.
{Company has not mentioned any compensation to be paid by it if it terminates the bond}.
12. Hours of work;
{ Is your company also following the rules as per the act}
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Maintenance of record of work by apprentices:
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Every Graduate or Technician or Technician (Vocational) Apprentice shall maintain a daily record of the work done by him relating to the apprenticeship training in the form of a workshop or laboratory note book.
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14. Records and Returns;
[9} Apprentice can approach :
The Central Apprenticeship Adviser:
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The Central Apprenticeship Adviser:
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The Director, Regional Board of Apprenticeship Training concerned
Obligations of Trade Apprentice (both in case of Major and Minor Trade Apprentices)
(Under Section 12 of Apprentices Act. 1961).
5.
In the event of premature termination of contract of apprenticeship for failure on the part of the apprentice to carry out the terms and conditions of contract, the surety or the guardian may be bound to pay the employer such amount as may be determined by the Central/State Apprenticeship Adviser as and towards the cost of training in accordance with rates as specified under rule 8 of the Apprenticeship rules,1991.
9. The first six months of the period of apprenticeship training shall be treated as period on probation. Either party may make as application to the Central/State Apprenticeship Adviser for the earlier termination of contract and when such an application is made the party making the application shall send by post a copy thereof to the other party to the contract. The Central/State Apprenticeship Adviser after considering the contents of the application and objectives, if any, filed by the other party, may terminate the contract, if he is satisfied that the parties to the contract, if any, of them have or has failed to carry out the terms and conditions of the contract and that it is desirable in the interests of the parties or any of them to terminate the same. Provided that the amount as stated in paras 1(6) and 11(5) of this schedule shall become payable by one party to the other accordingly as the failure is on the part of the employer or the apprentice:
Various files of Coal India Ltd are also enclosed.
Valuable advice of learned experts/members is sought.
