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chiragdesai1986   20 February 2015

Employment bond

Hi Team,

I have singed a bond on plain paper for 2 years. But the company has sold out to different company. We received an appoinment latter from new organization as well. Now I want to levae this organization but they are asking me to pay six month gross salary(Which is very high) as mentioned in bond. However no trainig has been provided to me,no bonus.. Even they are not ready to share the bond copy as well as bond amount which I have to pay on official mail. Can you please suggest me how to proceed?? There might be the case that they will not give reliving and exp. latter which I required for new employer.

Thanks in advance!!



Learning

 8 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     20 February 2015

Since the company has been taken over by other company all agreements executed of yours come to end. Write to them you need copy of bond singed by you, see the terms. Since you have to leave, send Legal notice covering all details

saravanan s (legal advisor)     20 February 2015

i think it would be easy to prove with what ever documents you have that the bond that you signed was executed between you and the previous owners.once when the ownership changes and youve been issued a new appointment order whatever bond that you made with the previous owner stands void.but since you have sighned a bond in a blank paper they might have filled the details as per their wish.you ask them to provide you a copy of the bond they have.if they dont then send them a legal notice asking for it.then with that and all the other proofs you have you can file a criminal case for forgery u/s 463

Kumar Doab (FIN)     20 February 2015

 

1.      Bonded labor/bondage has long been abolished. The Bond was created in lieu of what extra ordinary favor by the company? If it was stated in the Bond that it is in lieu of some training (certified training) but No training was provided then the Bond is unconscionable.

2.      If Bond was not liable to be carried forward and if the past employer has terminated the employment/retrenched (since it sold off) the Bond should come to an end……You have not confirmed how the past employer separated you…………………by termination/and payment of FnF wages or it was transfer of business with stock, flock and barrel? Was it stated in Bond that in case the business is takenover the Bond shall be enforceable by the new management……

3.      Your is a typical case which shows such ignorance that employees just sign by hand a document without demanding and getting a certified original copy and without consulting on T&C of the Bond.      

 

Each trade including IT/ITeS/BPO/KPO/Call centers now have its employee’s unions and have affiliated with trade unions like CITU/INTUC/AITUC/BMS etc………….and trade Union Leaders are well informed and know precise ways to handle such matters.

All affected employees may approach the unions.

All employees should form and be part of unions and affiliate with trade Unions……………..Trade Unions are willing to embrace the employees.

Visit your lawyer with copies of all docs on record in person and proceed under expert advice of your lawyer…………………….e.g: job advt,job application,interview call letter,selection letter,offer letter,appointment letter (of previous company that was according to you sold), BOND, all communications by the previous company stating the business sold/takenover/change of management etc and various T&C for the employees like continuation of service/termination of past service, continuation of /or liability to pay PF/Gratuity/bonus  etc of the past employer by new employer etc………….

 

The new employer can not enforce the conditions of the Bond without producing it on record and you are within your rights to demand a certified copy.

 

You can also approach your union leaders.

The employee has ended the employment the moment he/she has tendered resignation. Resignation can be without permission or notice.

You may submit a written representation addressed to good offices of appointing authority,MD, (attach copy of notice and final resignation sent by post) narrating all representations …………………. asked in office to whom you should handover the charge and you were informed there is no such need………….. and NO tasks were pending at your end, and you were informed in office that NO tasks were pending at your end…………….and demand to supply by Redeg. Post so as to reach you in next say….3 days the  acknowledgment of notice of resignation,final resignation, acceptance of resignation, FnF statement in original for verification and acceptance by you (showing unpaid wages, Bonus, Leave encashment etc), payment of FnF wages by bank DD only,PF number and a/c slips of each year, salary slip of each month, ESIC number, NOC/NDC,service certificate, relieving letter, etc

 

 

It is reiterated that you should preferably proceed under expert advise of your Labor Law Consultant/service matters lawyer/law firm….

chiragdesai1986   21 February 2015

Hi Team,

Thank you for replies.However I would like to highlights below points:

1) They just transfer the employment.

2) PF,Salary account all got changed.

3) No condition like if Management got changed then bond will be carry forward.

4) There is no official mail for  sold out of organization but just a conf call to disclose this.All official mail accounts, employee no everything got changed.

5) Not ready to give bond copy nor sending the asked amount over the official mail.

Also I have below queries:

1) Do I need to pay asked amount?

2) Is it possible that they will stop my experience and reliving latter?

Thanks in advance

Kumar Doab (FIN)     24 February 2015

" Servant shall choose the Master".........

Thus even in case of sell out the previous or future employer can not impose on employee..............and employee has the right to be in next employment or not.

Did you serve resignation to old employer................or Did the previous employer  made you sign some papers? In other words on the strength of which document/acceptance/concurrence the employment was transferred?

 

If salary slip/PF shows the name of new employer then old employment has been ended...............

 

The agreements signed between old company and new company might mention that new employer taken all liabilities, rights etc but it has to have concurrence of employees!

You should also check if funds in old PF a/c are transferred to new PF a/c or you have to do so, continuity of service for Gratuity, pension (from EPFO), bonus, leave encashment, service certificate/relieving letter etc shall be considered or not?

 

If there is no continuity of service then how can new employer issue and supply the service certificate/relieving letter for old employment?

In case the certified  copy of Bond is not being provided, then your lawyer may opine not to deposit any amounts.

If you are not liable to pay Liquidated damages for Bond 

then why should you pay.

 

You may consult an able labor Law Consultant/Service Matters Lawyer with copies of all docs on record and proceed under expert advise of your lawyer.

You should also become member of some employee's/trade unions.

 

 

 

1 Like

(Guest)

terms & conditions pertaining to staff on merger/takeover of the company is required to be examined before arriving at some conclusive opinion.

chiragdesai1986   11 March 2015

Hi Team,

Thanks for all the reply,

However I managed to get the bond copy from my employer.I have attchached the same.

They are refusing to give amount on company latter head as well as payment receipt.As said previously Company for which I have singed the bond take over by new company and also provided Appoinment latter with no clause of bond,

Also there no signature and garantor from my employer side.

Please suggest me how to proceed.

Kumar Doab (FIN)     11 March 2015

You have not posted the T&C of takeover......................you have posted that...............New appointment letter has been issued..................and it indicates old employment ..........hence all T&C of previous contract are over.

 

If you have signed the so called Bond then it may not matter if Guarantor and employer have not signed.......on copy provided to you................

You must not pay if there is no written demand and no receipt is to be supplied.............. 

 

You must generate evidence of demand even if audio/visual/witnesses/minutes/witness by trade union leaders etc..................and you have to mange it on your own...................and you must approach an able lawyer.... 


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