Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Akshay Nirupam (Analyst)     18 January 2010

Need help-Employment bond attached

I had attached scanned copy of the Employment bond.

Is this bond legal?

The company havent spend any special money on my training. Instead it provided a short training by the company's consultant. Can it be treated as training given under law.

Next question being..............

As per the agreement I am providing a 4 lac Rupees cheque every six months to the company. At any time I resign with in 2 years , the company would deposit the cheque. In this case would I be held liable under negotiable instruments act.

Please suggest how can I move out of this company without paying the company. This company has ruined several careers of its employees by keeping them under this contract.

Please Help!!!!!!!!!!

Awaiting Reply



Learning

 7 Replies

Daksh (Student)     19 January 2010

Dear Akshay Nirupam,

As it is evident from your mail under reply that you have become a victim on account of your impractical attitude.  You should have thought upteen times before signing the dotted lines.   It is unclear on what basis you are saying that the training is no training at all.  More so the document itself provides for any dispute redressal by any of the party i.e. Arbitration Clause.

Last but not least instead of escalating the issue through legal ways better have a word with HR in this regard and try out a mutually agreeable solution.

Hope this clarifies your query.

Best regards

Daksh

Akshay Nirupam (Analyst)     19 January 2010

Dear Daksh,

Glad to see your reply.

Its not an impractical attitude. This problem is with all the company's employees and not only me. The training was completely internal and have not added any knowledge. The bond states that confirmation would be done after 6 months, but there are lot of employees who are not confirmed since 18 months. Employees are still working on the same salary that was agreed 2 years ago. Isnt this an injustice? I know I would have thought teen times before signing, but that is history.

Second thing, the comany would not settle for a mutually agreeable solution. It has been tried out by other employees.

My question remains same...Is there any way out?

 

V. VASUDEVAN (LEGAL COUNSEL)     19 January 2010

The letter of appointment is totally one-sided, arbitr ary in there are many conditions and restraing of your personal rights and liberties. You ought not to have accepted. However, this can be challenged. Issue a proper notice, demand return of your cheque and caution not to present the cheque. I dont think this could attract the provisions of section 138 of NI Act. However, consult an expert on this specific aspect before proceeding with your notice.

vasudevan

Akshay Nirupam (Analyst)     20 January 2010

Thanks a lot.......

subhashmahavadi (cashier)     01 May 2011

Mr.A The Company cannot  proceed agianst you on the cheque for the simple reason the Cheque is only a collateral security and not the main security for your employment. more over there is no justifiable consideration for the chequeas the company has no given you any valuable training as per your statment.

A cheque which is delivered by way of a performance guarantee is acollateral and not the primary security. xhence they cannot file a case under negotiable instrument act. more over issue a letter to the banker to stop payment of the cheque and issu ea letter to you employer not to present the cheque  ther by they cannot proceed legally on the cheque.  if you  issue such letters it ends your problem with the cheque you need not worry about it.

 

Subhash Mahavadi

PARMINDER SINGH (admin Officer)     31 May 2012

 

Dear All,

Need advise on a situation which has developed into strange harrassment.

  1. Have notice period of 3 months as per appointmnet after confirmation
  2. Got confirmed after 1 & 1/2 yrs instead of 12 months
  3. Verbal commitments at the time of induction were never fulfilled
  4. Change in salary structure where basic was reduced and grades as per VI pay commision were removed.
  5. Individually did not agree to the new terms and refused to sign the acceptance to change
  6. Now that I have resigned the mangement wants a date to date notice or monetry adjustment
  7. I had resigned on May 15th
  8. Want to be relieved by 20th June and join a new organsiation
  9. To cover 3 months I work entire May + I do not claim May`s salary + I have 27 EL`s

Kindly advise if this would work 

PARMINDER SINGH (admin Officer)     31 May 2012

 

Dear All,

Need advise on a situation which has developed into strange harrassment.

  1. Have notice period of 3 months as per appointmnet after confirmation
  2. Got confirmed after 1 & 1/2 yrs instead of 12 months
  3. Verbal commitments at the time of induction were never fulfilled
  4. Change in salary structure where basic was reduced and grades as per VI pay commision were removed.
  5. Individually did not agree to the new terms and refused to sign the acceptance to change
  6. Now that I have resigned the mangement wants a date to date notice or monetry adjustment
  7. I had resigned on May 15th
  8. Want to be relieved by 20th June and join a new organsiation
  9. To cover 3 months I work entire May + I do not claim May`s salary + I have 27 EL`s

Kindly advise if this would work 


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