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subinesh   02 July 2015

Employer bond

my sister got a job through campus interview in one of the reputed IT company chennai , They gave  offer letter asking her to report on 29 june 2015(date as mention in offer letter) .but they later called on may 30 and asked her to  report on 8 th june 2015.we reported on 8th june 2015 on reporting date she  was asked to sign a bond of 2 year . if bond is terminated Rs 1,00,000 has to be paid  . she attend office for 4 day. she did nt like the company .she wanted to quit. so she applied for medical leave for one week from the 5 th day, she also  fell sick and she has to under go treatment so we appllied  for medical leave for 4 week , by providing medical certificate .and sumbitted medical certificate to hr through mail. Note :- No Degree  Certificate has been submitted . she got her 1 month salary. the company has send mail ask when she will join,and are calling daily. we are not attend the call or reply to mail.

will i have to pay 1lakhs compensation for breach of bond /can they take any legal action against my sister .

i want to know wheather after 4 weeks of the leave i shall apply for termination ? or shall i not responed to the mail and calls and leave it ? 

 

 

Please help!!!!!!!!!!!!!!!!!!!

.

 



Learning

 13 Replies

Kumar Doab (FIN)     02 July 2015

Do you have copies of advt fore campus placement, advertisement of the company, job application also?

Was there a mention of service agreement/bond in any of these and offer letter?

Was there any written communication before joining date that a service agreement/bond has to be signed by the company or even college?

 

Did you have to cancel the tickets due to change in joining date?

Has the company paid any actual travelling expense, boarding, lodging at Chennai?

The service agreement /Bond was created in lieu of what extra ordinary favor by the company e.g. some certified training from some certified Instt. or some other expense by the company?

 

Do you have copy of the Bond?

 

Who has been calling and sending emails: some HR personnel? It is his/her duty to chase you.

 

You are sick and have submitted medical certificate and this is sufficient.

Falling sick is not misconduct.

Demand to supply salary slip and salary of days worked and travelling expenses etc by DD thru Redg. Post.

 

This company is covered by Tamilnadu Shops and Commercial Establishments Act and has to comply to Tamilnadu Shops and Commercial Establishments Rules and pay salary for each day on day fixed for payment of salary.

 

What was not liked by you: bad work culture,rudeness,rowdiness.

 

Share with stidents unions, Principle of the college, Univ if required.

 

subinesh   02 July 2015

Dear Expert ,

i have cancelled train ticket copy. the have not paid me any expenses.Provided boarding but she stayed for 3 day after ward she fell sick and came back to home. i have no copy of bond .In offer letter the have mentioned that bond should be signed for training / continunity of employement for 2 year after 2 year the shall provide me training certificate . she  did not like the work culture  . is it advisable for applying for termination after 4 weeks of leave .

can they take any legal action against us for payment of 1 lakhs

subinesh   02 July 2015

Dear Expert ,

i have cancelled train ticket copy. the have not paid me any expenses. Provided boarding but she stayed for 3 day after ward she fell sick and came back to home. i have no copy of bond .In offer letter the have mentioned that bond should be signed for training / continunity of employement for 2 year after 2 year they shall provide me training certificate . she  did not like the work culture  and timing . is it advisable for applying for termination after 4 weeks of leave . can they take any legal action against us for payment of 1 lakhs.

Kumar Doab (FIN)     02 July 2015

 

Why did you sign Bond without getting a copy?

 

Drive the conversation and let the person make a mention of Bond and jump top demand the certified copy claiming that it was told that it shall be signed by employer and supplied later.

 

Record all calls and if caller misbehaves, resorts to rowdiness, rudeness,threat,coercion, intimidation lodge complaint at once with proof and pull them to your station if required.

 

Is it some training from certified Instt and only classrooms shall have to be attended or you found that you will have to work like a regular employee? Find defects and proof.

 

As already posted demand reimbursement of expenses, salary, salary slip etc and boarding and lodging etc?

 

 

 

subinesh   02 July 2015

Can they take any legal action against us for breach of bond / shall i have to pay 1 lakh .

it comp own training prog one month,told to  attend the java  class provided by faculity who comes to company from outside

what will happen if i apply for termination

 

Tanu Yogendra Oza (Founder)     03 July 2015

Yrs. U r liable to pay bond amount.

Aliakbar   03 July 2015

I wanted to know that is provision fund deduction is compulsory for the employee salary who is earning salary of amt Rs 7000

Aliakbar   03 July 2015

I wanted to know that is provision fund deduction is compulsory for the employee salary who is earning salary of amt Rs 7000

Aliakbar   03 July 2015

I wanted to know that is provision fund deduction is compulsory for the employee salary who is earning salary of amt Rs 7000

Kumar Doab (FIN)     03 July 2015

You have posted that:

 

----“Can they take any legal action against us for breach of bond “

Yes they can issue notice to you.

----“shall i have to pay 1 lakh”

Not necessarily. Liquidated damages are not to be paid on demand and may have to be proved.

 

---- “it comp own training prog one month,told to  attend the java  class provided by faculity who comes to company from outside”

This is not an exercise for the company to earn from candidiates.

You have not attended the training due to sickness and since you did not like the atmosphere.

The cost training should not be Rs1Lac/person.

The company shall have to place on record the legitimate bills towards expenses incurred.

 

----“what will happen if i apply for termination

Who has advised you to resign immediately? You-yourself, elders in the family or your lawyer?

Have you indeed consulted an able Labor Law Consultant/Service Matters Lawyer/Law firm at your location? If not discuss in person.

 

 

There are very good chances that you can resolve the matter in your favor.


Go and consult your able Labor Law Consultant/Service Matters Lawyer/Law firm and under expert guidance of your counsel work on the inputs that have already posted in this thread for you and advise of your counsel.

Kumar Doab (FIN)     03 July 2015

@ Aliakbar,

 

You have posted that;

“I wanted to know that is provision fund deduction is compulsory for the employee salary who is earning salary of amt Rs 7000”

 

The ‘provision fund deduction’ posted by you is not understood.

 

Probably you mean ‘provident fund deduction’. If it is so then it is mandatory, if the establishment is covered by the provisions of the Act.

 

You may visit the RPFC,APFC in the nearest PF office.

The contact details are available at;

 

www.epfindia.gov.in

subinesh   04 July 2015

what about the salary i got , shall i need to return it now or keep it till the notice is issued against me 

Kumar Doab (FIN)     04 July 2015

Whose query is it: You or your sister?

 

The salary is paid for the work extarcted from employee and is right of employee.

Don't act on your own.

 

Consult an able Labor Law Consultant/Service Matters Lawyer/Law firm alongwith elders of your family.

 

Have you indeed consulted an able Labor Law Consultant/Service Matters Lawyer/Law firm at your location? If not discuss in person.

 

Nothing more is to be added by me.


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