abhi (na) 17 September 2010

service bond

i am abhi, i have joined a company as s/w engg. on 20th july 2010 ,HR told me about bond of 50000/- , 1.5 years & 2 months notice period during interview verbally,she asked for all my original certificates in the name of verification for period of 1 month,i am having receipt copy with company seal & sign,they gave me 10 days july salary cheque of 2500/-,but before issuing july salary they have asked for an undated but signed cheque of 50000/- from my father on my behalf which i deposited.

but on 10th sept. 2010 i send my resignation email to hr giving 7 days notice period and got email reply from hr to reconsider my decision as my performance is good.

but when i insisted to resign hr is asking me to deposit 50000/-+2 months salary that she told me during interview, also she is asking for 20 days extra notice period, only then she will give my original certificates back, she has not given me the salary of august month till now.

i have not signed any kind of bond with company.

what i have deposited are my original documents,fathers cheque of 50000/- & one signed bio-data form.

my hr have history of such cases in past and present in labour court delhi.

guide me what action i can take if refuse to give my certificates back ,can i take my august months full salary

and what action hr can take againt me if i dont agree to her verbal terms & conditions ,not signed on papers

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7 Replies

Deepak Kumar Vasudevan ((Confidential)) 17 September 2010

Since you have mentioned that the organization is reputed for such malpractices I think you ought to take the initiative in exposing them to the media. Let us hope that AajTak or NDTV screens your organization name very soon.

Coming back to your problem I would say you need to talk to a legal counsel in an escalation mode to sort it out.

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abhi (na) 17 September 2010

many thanx for your help bro.,

more i want to know can my hr execute a verbal bond through court,is it possible ? i need advice from legal experts.

thanx in advance

abhi

abhi (na) 18 September 2010

need more replies....plzzz

Reetu Dwivedi (Paralegal) 18 September 2010

No, no verbal bond can be executed throug court..

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abhi (na) 19 September 2010

thankxxxxxx a ton mam, ur Great......... plz read my full post and help me how could i get my dad's 50000/- cheque back which i have submitted as hr told me dat if i dont , my salary vill remain on hold

Reetu Dwivedi (Paralegal) 20 September 2010

It is totally illegal to keep your original certificates. All testimonials of the employees or candidates appearing or interview is his personal property. The employer cannot hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same.
As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.

As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.

Bonds are applicable only if the company has spend money on the personal grooving and enhancement of the employees, but not just a training that helps employees perform better.

As per your post it looks like that intention of your employer is Malicious. You must file a case against this company and expose him as suggested by Vasudevan. I am sure that you will win and get your money back.

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abhi (na) 21 September 2010

millions & billion of thanks maa'm, feeling lite now ...can't say anything more than thanks