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vidya   11 May 2015

Employment bond

Hi!
I am a 23 year old female. Completed my MBA. While joining an organization as a Management Trainee, I was asked to sign an employment bond for 2 years (which includes 6 month on-job training) on a 20-Rupee agreement bond papers. And because I was desperate for a job, I signed. And my father signed it as a guarantor (on a printed sheet).

I worked there for 3 months. I was shifted to a new department. I was said that my work timings will be 10 a.m to 7 p.m. But every day I left only after 7, worked from home, worked on holidays and it was becoming a pressure. There was no safety concern as well. So, I quit the job without any notice(scared of the bond).

I received couple of phone calls and my mom responded them that I was not well and my work was becoming hectic at the work place.

Then I joined another job.

After a month, I received a letter from them to report. But then I didn't respond. Now I have received a legal notice from their lawyer quoting I am employed in a similar organization, and they need a compensation of 10 lakhs from me and my father.

The total salary paid by them was INR 35,000 for 3 months and demand a sum of 10lakhs. Above all, it was not on-the-job training. I was made  to work day and night for long hours.

Can you please help me on what should my next step be?



Learning

 1 Replies

Kumar Doab (FIN)     12 May 2015

Soloution to your matter is possible.

You should submit a fitting reply to legal notice.

 

You acted in haste.

By signing a so called BOND or Service Agreement ……………whatever it was………………………..without consulting and showing it to elders in the family, your able labor Law Consultant/Service matters Lawyer/Law firm, Employee’s /Trdae Union leaders………………………. and then again by leaving without propr staretgy.….

You could have consulted your able labor Law Consultant/Service matters Lawyer/Law firm, Employee’s /Trdae Union leaders, before resigning and could have eased out of the situation without any backlog………………and burden of such situation.

The so called BOND or Service Agreement was created in lieu of what: some training from some certified Inst. that added to your qualification, some extar ordinary favor by employer?

Was any training indeed provided?

The familiarisation of employee to company’s policies,products,strategies,………so as to enable the employee to ahndle the counters of employer should be without any cost to employee.

How much was the notice period inserted in appointment letter issued to you?

 

Every employee is entitled to service certificate,FnF statement,salary slip of each month,Form16 of each year,PF number with a/c slips of each year,ESIC card,acknowledgment and acceptance of resignation,bonus of each year etc…………..and these may be as good as relieving ……………

 

If you are skilled then you are a desired employee and next employer may accept you. However explain everything preferably in writing…………………..of course under proepr acknowledgment and under expert guidance of your counsel.

 

The whole contract/bond, elagl notice verbatim should be examined by an able labor law consultant/service matters lawyer/law firm and the counsel that has examined the contract verbatim can advise you the best.

What was the relationship;employer-employee, apprentice,trainee, or establishment-contractor?

Did you submit any resignation under proepr acknowlegment and do you have the copy?

Was any appointment letter, salary slips of all months,PF number,ESIC card,I/Card,group Insurance issued to you?

What are the monthly wages?

What is this establishment;Commercial,Industrial?

What is its line of business: e.g. IT,Banking?

How many persons are employed in it?

Does company have its certified standing orders (CO) and is your designation covered by CO…………….Or do the Model Standing Orders apply to it?

You were located in which state?

Redg. Office,your reporting office,coprporate office is located in which state?

What is the designation and nature of duties?

How many person were reproting to you and did you have any power to sanction leave/increment/apoint/terminate?

Are you a member of Employee’s/Trade Unios?

 

Has the leayer of the company levelled a chrge of having joined the similar organisation?

The employee should also observe some discipline and should submit resasonable notice of resignation, affirming to handover the charge and declaring that NO TASKS are pending at his/her end…………………………or atleast resignation…………………under proepr acknowledgment.

 

The employees that are not united are ill informed and succeptrible to exploitation and make blunders like this employee has made.

 

The employee should alaways retain access to an able labor law consultant/service matters lawyer/law firm.

 

 

 


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