Breaking a stamped paper bond

Employee should always consult elders in the family, competent and experienced well wishers, lawyer/law firm before signing on the dotted line and should be careful while dealing with such employers and avoid legal traps. An action in haste can create stress and legal hassles later. You may show your appointment letter, offer letter, advertisement and any other communication to a competent and experienced labor consultant/service lawyer.

Apparently from your post, it is felt that since no training has been provided there is no ground for imposing bond.

Company should have supplied certified copy of the bond to you. Did you object in writing under acknowledgment {preferably by letter thru regd/speed post. Avoid email from official email id as it can be blocked any time or send email with a copy to your personal email id.}to good offices of your appointing authority, MD, Chairman, and Company Secretary, mentioning that:

-- no time has been granted to you to go thru the document titles as ….{Bond}and consult and you were made to sign it on the spot.

-- you were given no alternative but to sign it and in advertisement, during process of interview you were never informed that you shall have to sign a bond and moreover having made you sign the bond Mr/Ms………..designation…dept…….address….on dated…….have refused to provide certified copy of bond to you. You may demand certified copy of the bond under original seal of company and signature by hand of the competent employee including employee who has signed the bond or appointing authority.

--no training has been provided to you and thus as company has not incurred any expense to add to your skill and qualification the bond should be cancelled and original should be destroyed in your presence and under information to you in writing.

--you are being forced to do jobs ……….{explain} which is not related to technical for which you joined the company, and the bond is being flaunted at you to coerce you to do such jobs.

And request the good offices to grant relief to you. If no relief is granted you may tender notice {after drawing salary} of resignation as per terms of your appointment letter.

If you are designated as trainee no notice should apply and if you are under probation notice period of 7/15/30 days could have been described in your appointment letter.

As per SE Act Punjab:

 23. Notice by employee. -- (1) No employee, who has been in the service of the employer continuously for a period of three months, shall terminate his employment unless he has given to his employer seven days previous notice or pay in lieu thereof.

 

 

Companies are known to become adamant, recalcitrant, and vindictive and chase the employee hence you may remain amiable but careful and leave no room for getting charged on any count. It shall be appropriate to proceed under expert guidance of your labor consultant /lawyer. You should submit company property under acknowledgment.

You may consult your lawyer and let your sureties {if any who has signed on the bond} also send similar communications and withdraw the surety citing breach of trust and declaring bond having become void.

As you have decided to quit you may avoid abrupt termination and build some favorable record before you quit. You may let elders in the family, competent and experienced well wishers, lawyer/law firm to structure and draft your representations to suit you in the long run.

You may go thru the attachments.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not.

IT/ITES companies are granted exemptions from Industrial Employment Standing Orders Act and some provisions of labor enactments e.g. SE act for work hours.

IT/Knowledge Industry Policy - 2009

 

                                                Government of Punjab

8.                Exemption from Inspection under Various Labour Laws

You may look into annexure and check if your company falls into the category and thus if it is eligible for exemptions.

 

 

As per Industrial Employment Standing Orders Act service certificate should be provided. Is your office located in SEZ.

ITES  are  declared    as Public    Utility  Services    under   the Industrial Disputes Act and as Essential Services for {more than six   months)  by some states and you may check for your state at labor website/ labor office of your state.

 You may also go thru:

 

https://www.mah.stpi.in/

 

You may obtain latest copies of enactments and IT policy from labor/concerned  website or market and relate and fine tune your representation to good offices as deemed fit. At Chandigarh you can get the counsel of expert lawyers who stand from employee’s side and have in depth knowledge of laws applicable to your industry.

You may find the attachment useful.

dear querist,

send one month prior notice to your company that you are going to leave this company and wait for reply by the company , and but keep acknowledgement of the notice you will send to the company it will help you if any litigation arose due to this action.you can also file harshment and fraud case aginst the company that they had mislead you and forcing you to work on such project which is not your concerned field.

Dear Amiti,

Yours problem is although seems to be very genuine and there are several remedy in law available for you but this all is based on a bond drafted and prepared by your employer and signed and consented by you. As per your query it is not clear that whether you are covered in the definition of "worker" or not which is the essential question of law. Secondely yours relation with your employer is a "fiduciary" so law of contract is in your favor which you can take advantage of.  But without going through the contents of the bond any decision can be harmfull for you to the extent of One lac rupees. So be cautioius. Keep in mind that every agreement is not "contract" which can be enforced by law. 

 

Have a great career. 

 

Before submitting notice of resignation you may submit suitable reprsentations to good offices and request for reply and relief with say.........7days.

If no relief is granted you may tender notice {after drawing salary} of resignation as per terms of your appointment letter, and you may mention the reason of submitting notice of resignation as already submitted in your representation dated.......

Kindly proceed undr the expert guidance of your lawyer.

Thanks Everyone for Reply,

there is one thing i want to tell.

1,) I have not taken my Offer letter yet as i have not submitted the photocopy of all documents,

2.) I signed the bond on the spot as they did not provided any time for it,

3.)the third thing is , they showed me to the Client with a false resume in which i was shown as an employee which is working with the company for the past 2 years which is not true , i have already sent that copy to my mail, so that i could have a proof.

4.)there has been a case i which a person in my company left the company on medical condition,he took a 1 month leave and my company did not take any action towards him ,just asked for his resignation.

so , my question is can i leave the company on medical grounds ??. and all these things are in my favour.and

My Question to "kumar doab" -does without any offer leter the bond exist.

Please reply soon.

Have you drawn salary from company? Have you been marking attendance on daily basis?

Employer may contend that you accpeted appointment without appointment order and have been drawing salary and marking attendance.

You may read:

20.Record

in SE act Punjab.

SE Act Delhi mentions about issuance of appointment order.

34.     EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES.

SE act Punjab { downloaded from dept. of Labor website Punjab} does not.

The bond or the document signed by you should be examined. You must be able to remember what were the contents of the document signed by you.You need to provide the details and facts. 

Offer letter is issued after selection and it mentions in brief the location, designation, salary offered and nature of duties.After joining within offer period appointment letter/order is issued.

On the other hand if employer has not issued appointment letter employer it is a lapse at the end of employer.

It is felt that if employer has obtained your signature under coercion, pressure, intimidation within office premises and has not issued provided any certified copy and has not issued any appointment letter it is breach of trust. Employee may agitate that the documents on whihc signatures were obtained and no copy of whihc was provided were being flaunted to make him work and he was being subdued to work without appointment letter.

If you have decided to quit you may submit a representation/ notice of resignation as deemed fit at your end as you know the details and facts better than anyone else.Your lawyer shall be able to finalise the starategy as per details and facts produced by you.

Valuable advice of learned experts/members is sought.

To kumar doab , Yes, i am on a probation period from 9 th july , onwards . My question is can a medical certificate can help me in this matter

And one more thing i forgot to add , i dont completely remember the details of my bond but it was written that if you leave the company the company will either take your salary of 6 months or it will take 1 lakh rs whichever is higher . These are the words that i remember .