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SIMRANJEET   15 August 2015

Service bond signed on pretext of a lie

Hi,

I joined an IT company last year. Later I was told that I have visit their USA office for the purpose of product training. However, beofre that I had to sign a bond that after coming back from USA, I cannot leave the company for 9 months otherwise I have to pay 2 Lakh Rupees. 

I visited USA for 1 week in January only to find that I have been called for "new hire orientation" where in all the new hirees go through an orientation session. There was no project specific training whatsoever, I brought this into the notice of everyone possible, but to no avail.

Now, I have decided to leave the company. I am ready to server my standard 2 months notice period for which I have already notified the employer. My notice period finishes 17 days before the service bond expires after its 9 months duration.

The company is asking me to pay 2 Lakh rupees, before I being relieved. I have tried to negotiate and told them that I am ready to pay for those 17 days. however, they are admant.

I would like to know what legal options I have here? what steps should I take to negotiate out of this.

 

Thanks, 



Learning

 1 Replies

Kumar Doab (FIN)     16 August 2015

 

Do you have the copy of the bond (product training), new hire orientation programme papers? Did you demand the certified copies in writing under proper acknowledgment?

 

Did you mention in writing that you were called to sign bond for product training but no product training was provided, hence the bond is void and called back and cancelled? Did the employer reply to it in writing?

 

“My notice period finishes 17 days before the service bond expires after its 9 months duration.

The company is asking me to pay 2 Lakh rupees, before I being relieved. I have tried to negotiate and told them that I am ready to pay for those 17 days. however, they are admant.”

 

Did you put forward this option in writing?

 

Has the company declined in writing?

You can extend the notice period to 17 days, cancel the notice given by you, submit fresh notice etc!

 

You have not posted sufficient information. Whenever you initiate a query you should post:

 

What is this establishment registered as: Commercial,Industrial?

The office /Div. where you are posted is registered as: Commercial,Industrial?

How many maximum persons are employed in it at any point of time, before and after your joining?



Did you record the threats (audio/visual/minuted/witnessed)?


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, Exit Policy,FnF policy that are mentioned in the appointment letter?
What was your monthly salary?
Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?

What is your designation and nature of duties? Did you have power (not just recommend)to sanction leave/increment/appoint/terminate? Can anyone cancel your recommendations?

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?

Do you record of attendance? Did you ever work for more than 8hrs /day and 48 hrs/week and was any OT paid? Did you claim OT?


Has acknowledgment of notice of resignation, supplied to you?

 

Is it stated in appointment letter that service conditions e.g. notice period shall be governed by Employee handbook? Does the equitable notice period/pay also apply to employer? Can employer also not terminate for 6+3 months after appraisal?

Is appraisal mentioned in appointment letter?

 


Are you a member of any employee’s/Trade Unions?

 

You should provide full information, pointwise!
 

In your case it shall be appropriate to proceed further under expert advise of an able labor Law Consultant/Service Matters Lawyer/Law firm.

 

 

You should be aware that saying/telling/asking is verbal mode and not on written record and difficult to prove.

 

 

 


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