shivamtillu 04 January 2016

Bond and service

I have a query !!!

I was working with a company named Kenda Farben India, Noida for past 17 months and i had signed a bond of personal 3 years of Rs. 2 lakhs. I have left the company by resigning (for better career opportunity) over e-mail and i have also sent the hard copy of the resignation back in november month only. Now today i got a notice from a law firm which is probably due to the bond which i had signed but my mother did not receive the letter and returned it back. Now I have a few points which i would like to highlight which show the unprofessional attitude of the company towards me.

1) i was working under probation for past 17 months without any confirmation. It is clearly mentioned in the appointment letter that after 6 months the employee will be confirmed in written. Further, the employee will be under probation until confirmed in writing.

2) The company reserves the right to terminate the employee without any notice during the probation.

3) The copy of bond was not provided to me. When i asked, the company told me that they do not provide the bond copy.

4) The company had sent me to italy for 2 weeks calling it for training purpose but i did not receive any training as such. Only discussion took place regarding the products. No new machines or techniques were taught.

5) In the appointment letter also, there is a point which says that both the parties can terminate the contract of employment by one month notice or one month salary in lieu thereof. But no points for resignation was stated for people under probation. However i was ready for giving one month salary in lieu but i didnot receive any return mail.

What are the possible options for me ? Do i need to respond or should i just ignore the queries. I had also sent a letter to the company regarding their attitude but i didn't receive any reply.

Also i have come to know that under section 27, of Indian Contract Act 1872, agreements in restraint of trade is null.

Thanks.

Regards,

Vishal Srivastava

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3 Replies

Kumar Doab (FIN) 04 January 2016

You may get the job advt,job application, interview call letter, offer letter, appointment letter, HR policy/service rules and regulations etc mentioned in appointment letter, (Bond was signed before joining/or after joining and after issuance of appointment letter, after resignation fromm previous employment), Bond, communications exchanged before and after sending to Italy,legal notice etc by an able Labor Law Consultant.

The training on products/strategies/plocies etc should be without any cost to employee.

Did you ever demand the copy of Bond in writing?

Did the company decline to supply in writing?

shivamtillu 05 January 2016

Dear Mr Kumar Doab,

Thank you for your reply.

I asked for the copy of bond but never in writing. It was denied at that time. Also any new employee who joins the company is asked to sign a bond irrespecive of his/her position. It a common practice in the company.

The bond was signed after I joined. I signed after my appointment letter was provided.

Kumar Doab (FIN) 05 January 2016

Approach an able consultant and draft a fitting reply to the company and it may put the matter on permanent shut up mode. Or if the company approaches court of law then you may contest it, on merits.