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Bhavani Singh (others)     19 October 2019

Bank guarantee with employer in case of termination

I joined a firm a month ago that insisted that i submit to them a Bank Guarantee worth 1 month's salary as a precondition for joining. As i had never had any unpleasant experience with previous employers, i readily agreed to this condition. However my new employer was abusive all the time, made employees work upto 14 hours a day and even called in on Sundays. Several employees had had mental breakdowns and left because of this behaviour. However a few days ago i had an argument with him over this, following which he sent me a mail telling me that my services have been terminated. Now my concern is what happens to the Bank Guarantee that i had submitted to the employer? Will he be able to encash it or is he supposed to return it to me? Also is he liable to pay me half a month's salary for which i worked? I am copying the terms and conditions that are written on my Bank Guarantee below for your reference :  

 

1. the bank guarantee will be enforceable for encashment in case he (employee) does not meet his contractual obligations and or does not do an adequate handover on the event of his resignation from the company or his services being terminated.

2. The said guarantee will be returned back to him in case the company terminates his services, or he resigns, provided he has followed the due exit processes as laid out in the contract and code of conduct policy of the company.

3. The purpose is to ensure that confidential data access and obligations towards the company in connection with the same are carried out dillgently with full integrity and honesty.

After i received the termination mail, i was not asked to perform any handover or any exit processes. I am concerned because my employer is in the habit of cheating vendors and employees all the time,

 Any help in the matter would be appreciated:



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 1 Replies

Bhavani Singh (others)     19 October 2019

Can you please give advice that would be helpful and avoid making personal comments. 


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