Sid 06 February 2016

Bond

Hi I am sid.I want some legal guidance on my case.I have explained the situation as the best I could.please help.
1- At the time of campus,recuiters said no bond and ctc was 3.15 lakh+bonus.But we got the joining letter just before 5 days of joining date ,there was
mention of bond of 1lakh for 1year and ctc as 2.9 lakh + bonus.I found this has been done in many colleges.Even 1 guy in our batch got joining letter on the date of joining.
He didn't know about it before that.
2-In the paper we signed there was no fixed place for signature,we signed in the bottom of all pages.Its was n't court stamp paper ,and there was no insurer or witness.
3-we were neither given proper time to fully read the whole document , nor we were given a copy for future referrence.Even in that short time i found some terms of contract was different from terms given in joining letter.Like in joining letter it was 1lakh for 1yr,in contract it was 1lakh for 1st 6 month and 75k for next 6 month.
4-The contract mentioned in joining letter is onesided ,like only i am liable to pay.Is it valid?
5-Bond was against the amount company spent on our training.But they are not giving any training certificate at the time of completion.The trainer was just for name sake.They provided 8yr old laptops for training.And when we asked for differnt trainer and different system,they did not listen and said"YOU ARE GETTING PAID TO STUDY.SO GO STUDY".
6-The final settlement letter was very confusing.I was not given any advance but they added some 1.05Lakh as advance and added ,subtracted some amount and reached at total earning at 1.01 lakh.Even by doing some trial and error they reached at total deduction as the exact same value.Its written balance 0 and again they are asking 1.05Lakh.AND saying other wise they wont give me training certificate and experience letter.

please help.Is the bond in this case valid?Should I move to court?Is there any chance that i can win?

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4 Replies

Kumar Doab (FIN) 07 February 2016

You alone are responsible for joining such unscriplous employer and such good for nothing offer.

Your college may not take any responsibility.

YOu seem to have no copy of any document that has been signed by you and on the top of that apparently you have handed over your original educational certificates also.

Employee should always consult beforehand elders in the family/competent and experienced well wishers/an able counsel specializing in labor-service matters/Employee's-trade union leaders.....................

You/all could have very well declined to sign if sufficient time was not given and/or torn off the signed document if no copy was being given or if some changes were made.

Has the establishment given any acknowledgment of original certificates collected from you?

The training on laptop was for name sake only and it was rather self study and apparetnly no Training at all!

The whole excercise seems to fleece the gullible freshers.

Instead of proceeding on your own and start writing, it shall be better to consult an able counsel specializing in labor-service matters/Employee's-trade union leaders.....................and let them draft and structure your representations.

Mind it any wrong word shall be claimed as admission by the employer.

Hence spend some qulaity time with your counsel.

Sid 07 February 2016

Sorry I think I was not clear.the certificates means the certificate for training completion and experience letter. I have all my academic certificate with myself. They are not giving experience letter and they have my nsr pin.so if I want to join company which is also a member of nsr then,it will be problem.I want to end this.and I want to know is the contract valid or can I challenge it. thanks

Sid 07 February 2016

the company is a very big reputed company. I have all the paper I signed except for the contract on doj. thanks

Kumar Doab (FIN) 07 February 2016

You should not have agreed to condition to mandatorily register with NSR and then on the top of that to share your NSR PIN.

There are many threads on NSR also at LCI that you can search in Search option on Right hand side of this web page in both Forum and Experts Section.

NO company can resort to blacklisting in NSR.

There are many IT/ITeS employees associatiosn that have taken up such matters and have affilliated with Trade Unions also.

Service Certificate is to be issued to all employees.

IT companies are covered by Shops & Estbs Act and have to maintain and submit various froms/registers as prescribed in Shops & Estbs Rule pertaining to Service record/certificate e.g. FormN in Tamilnadu.

YOu can demand to supply the copy of document that you signed on DOJ.

YOu can obtain it from Inspector or pursue thru RTI or court or Labor commissioner.

All said and done if you are unable to resolve on your own entrust to your counsel.