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shaista (deputy manager)     03 September 2014

Bond..... notice period...breach of bond

hii i am shaista. a year back i appeared for the written examination and interview for a pvt sector bank which i qualified. i was sent to bangalore manipal university for the post grad diploma in banking and regulation. the cost of this program is 3 lac which i had given to the bank in the beggining of the joining. when all the formalities were done they made me sign many documents and retained my original certificates i.e. my markesheet and pass certificates of 10th 12th and graduation.

after 9 month of training i was posted in north india for 3 months of internship and now i am done with the course ( 9 months of classroom training & internship).

i am not at all comfortable with the job. pressure is huge and my reporting manager is very harsh and treats all the employees very badly.none of the employees speak up that why is he shouting at such high pitch or why should they take the embarrasment.

my manager is very rude and when he shouts and make personal comments on my appearence ( eg. buffallo, blacky etc.) i really get irritated and i start shivering. twice i have shown my objection but he seems to be keast bothered. even the hr are not concerned.they know my managers attitude but they dont take any actions against him.
 

i wanted to get my branch transfered but these people crteated such circumstances that i had to move back to the same branch. now i want to quit this job and get my originals certificates back.

the problem is if i quit the job now i will have to give 2 lakh rupees as penalty of breach of bond and returning the stipend i have got for 1 year along with a notice period of 3 months. if these conditions are met then only they may return my certificates.

 

i dont have the money and my father is already under the debt of 3 lakh rupees which he gave me a year back for the training.

i dont know what to do now because i am in a worse situation. what is the way out ?

the service agreement which was given to us has no such clause of returning of stipend etc or retainment of our original document. when i talked to my hr about it he said no your certificates have been kept with us as collateral and it is mentioned in the agreement but i have shown it to my lawyer friends and they have also told me that its not mentioned.

those who have given 3 lakh have bond of 2 years

and those who have taken loan from the bank have the bond of 4 years.

 

please help me out. i am in a mess.

thnaks and regards 

shaista

 

what legal actions can they take if i leave the job without any intimation.



Learning

 2 Replies

ankur (Consultant)     04 September 2014

D most they can do is donot give u a releaving letter & Experience letter , 

 

I am not a lawyer but frankly no bank would go & recover such amount, max they do is put a hold on ur releaving certificates & Experiennce letters as people generally go back to hr asking for expeireince letter at that time HR ask for recovery amount.

I hope u get some gud job soon :) .

Its quite strange that these ppl have kept ur original documents as a security, its like a bonded labour thing u should contact labor court lawyer .

If you go by court , d most court can direct you to pay bank some amount each month thats it . No one can force u to work on a place where u donot like it.

T. Kalaiselvan, Advocate (Advocate)     08 September 2014

Without seeing the agreement it will be difficult to render any opinion on the issue, however, you may consult a service law practicing lawyer locally, consult him, take his help and proceed further.

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