Company threatening to take legal actions if i dont pay them

How did you quit?

Verbaly or by notice of resignation or by resignation with immediate effect?

Do you have copy, proof of dispatch and delivery?

What was the notice period tendered by you?

Has your resignation been accepted before expiry of notice period?

The Bond was drafted in lieu of what extra ordinary benefit to you; say some certified Training, some certified course from some certified Instt?

Have you asked for copy of Bond in writing under proper acknowledgment?

Have you minuted in writing your sickness due to unhygienic food, intolerable/unhealthy atmosphere in office etc etc?

i had sent a mail from my home to the hr with immediate effect. a moth notice period was there but i could not serve the notice period as my health was not allowing me to do so. they kept asking me to come to office for fulfiling all terms & conditions of agreement signed at the time of joining. in last week of december they said that  The agreed terms could not be  waived off under current circumstances. My sudden absence has not only impacted the current work and working environment, but the company also incurred financial losses in terms of training efforts and other valuable inputs provided to me. Since it is quite evident that I would not be joining back, they would be sending me your Full &Final statement. Same will be shared with me in next few days for further action.now they have send the full and final statement in which i have to pay the amount. however they have not provided any training to me. before joining the company they had asked me to get a certified course on two softwares, then only i would be able to join the company. i had spend around 40,000 rs on my own for that. in the training period, i worked on these softwares only. i have not asked for the copy via mail. i did minuted the details via mail that i am ill because the the unhygienic food and the ac conditions.

You have posted that:

"i had sent a mail from my home to the hr with immediate effect. a moth notice period was there but i could not serve the notice period as my health was not allowing me to do so. they kept asking me to come to office for fulfiling all terms & conditions of agreement signed at the time of joining. in last week of december they said that  The agreed terms could not be  waived off under current circumstances. My sudden absence has not only impacted the current work and working environment, but the company also incurred financial losses in terms of training efforts and other valuable inputs provided to me. Since it is quite evident that I would not be joining back, they would be sending me your Full &Final statement. Same will be shared with me in next few days for further action.now they have send the full and final statement in which i have to pay the amount. however they have not provided any training to me. before joining the company they had asked me to get a certified course on two softwares, then only i would be able to join the company. i had spend around 40,000 rs on my own for that. in the training period, i worked on these softwares only. i have not asked for the copy via mail. i did minuted the details via mail that i am ill because the the unhygienic food and the ac conditions."

You have done right by posting.

Ask to supply the certified/authenticated copy of Bond.

Decline to accept the FnF statement citing errors and raising issues that NO training was ever supplied.

Did the company lay condition of Training before joining, at your cost, in writing?

Why should any employee agree tosuch conditions!

Employee should always consult elders of the family,well wishers, employee's/trade unions, counsel specializing in Labor/Service matters, before signing on the dotted line.

yes they did. it was college placement... i really dont know what should i do

What is this establishment; Commercial, Industrial?

What is its line of business?

The Redg. Office, HO/Corporate office, your office/reporting office is located in which state?

What is your designation and nature of duties?

How many persons were reported to you?

Did you have any power to sanction (not just to recommend) leave/increment/appoint/terminate?

For how many months you have worked?

How many persons are employed in it?

Were you employed before joining it?

The Bond was mentioned in job advt, interview call letter, selection letter, offer letter, appointment letter? Do you have copy of all of these?

Were you asked (in writing) to resign from previous employment, before joining this company?

The Bond was placed before you, after resigning from previous company and after joining this company/

What is stated in Bond as per your memory?

Do you have original copies of Dr’s Rx/medical certificate, leave application and proof of submission of all of these?

Was your sick leave application accepted,approved or declined in writing?

You have posted that:

"yes they did. it was college placement... i really dont know what should i do"

Do you mean that ;'Company asked you for training at your cost, before you are allowed to join?

Post reply to all points.

its related to mechanical engineering , it designs for automobiles. its head office is in germany. my office is in gurgaon,haryana. i was a post graduate engineer trainee.

i reported to trainee manager, also the other managers or any other officers under which i was posted. I did not have any power to sanction. i worked for 6 months. round about 75. no i was not employed, it was the college placement. they merely asked me at the time of interview if I could sign the bond for 2 years or not. however, there is no mention of bond in the appointment letter that they gave me or in selection letter. i have original appointment letter but not the bond copy.

as per my memory it was written that if i had to pay 6 lakhs if i leave the company in the training period.

i have the original medical bills, receipts of medicines but don't have any proof of what they copied out of them. i had informed that i was ill over the phone.

when they sent the mail i was doing my masters, so all the communication was done to my placement officer. and yes they did ask me to undergo a certified training for two softwares.

Obtain copies of emails from Placement Officer and request to forwartd to your personal email id in record of college.

How did they ask you to pass certified  course of two softwares; in writing?

Leave application can be sent by ordinary post and information given by phone call can be narrated in it.

Attach copy of leave application and send by personal email or by Redg. post or handover under proper acknowledgment in office.

The employer can engage ‘Trainee’ under Management’s standing orders ( in that case standing orders might be applicable)

Or under Apprenticeship Act and by following applicable rules.

Or the relationship in absence of above, should be that of employer-employee.

You may write to supply the copy of Bond that has been quoted but not attached and not supplied to you.

Upon getting it you may submit a fitting reply clarifying that NO Training was imparted to you and hence the Bond is unconscionable, unreasonable, void.

Let your counsel specializing in Labor/service matters draft all your representations.

The establishment might be registered as Commercial under Punjab Shops & Estbs Act

( Haryana Follows it).

Punjab Shops & Estbs Act and Rules framed under it are available on the website of Dept. Of Labor Haryana.

Try to be a member of some employee’s/trade unions and gather support.

Show all docs to very able specializing in Labor/service matters.

LCI expert Mr. Rajendra K Goyal is from Gurgaon.

If you wish you may seek his counsel.

He may agree to counsel you.

The designation ‘post graduate engineer trainee’ was probably given to keep you out of coverage by def. of ‘Workman’ as in ID Act, ‘Employee’ as in Punjab Shops & Estbs Act.

If you were not provided with Training and/or if agreement was not registered you may be covered as Workman.

Your counsel can help you to build proper record so that your complaints/grievances are not termed as personal and dismissed.

Te proper reply by you and/or by your counsel may pit the matter on permanent shut up mode and may help you to get proper exit/relieving without any damages.

You have posted that:

“no i was not employed, it was the college placement”…………………..“i have original appointment letter”

In appointment letter; what relationship is mentioned; employer-employee?

What remuneration is mentioned; stipend or salary?

The duties on record/in practice were like regular employee?

i have resihned from my post last month. how can i send the leave application?

Leave application can be sent by ordinary post and information given by phone call can be narrated in it ( that Mr/Ms.............was informed by phone call at his/her phone number......................from self phone number..................on dated...........time..........)

Copy of what was sent by ordinary post can be sent again from personal record.

The manager/sanctioning authority could have supplied the leave application form to employee.

If form was not supplied it can be sent on plain paper by ordinary post,Redg. Post, email etc etc ...