Ill informed, non united employees are prone to harassment.
There are many IT/ITeS employees union now in Karnataka and they have done a good job and have also affiliated with trade unions like CITU/INTUC/AITUC/BMS etc…………..
You can approach them, your able Labor Law Consultant/Service matters lawyer/Law firm, Labor Inspector, Inspector appointed under by Karnataka Shops and Commercial Establishments Act, Payment of Wages Act, o/o Labor Commissioner………………….Officials of Dept. of Labor……………
The list of unions and officials are available on website of Dept. of Labor, Karnataka.
Were you paid any salary for initial 4 month’s of training? If yes then it itself is evidence of employment. Did you attend any classes for training or worked like a regular employee? Do you have any record of work done during training? Or do you have any evidence that NO Training was provided, that added to you qualification or extra ordinary skills?
If no such certified training from some certified Institute was provided then the BOND may be unconscionable, unreasonable, illegal, VOID!
Moreover even if employer wants to recruit as ‘Trainee’/’Apprentice’…………………….it has to issue a written order clearly stating what would be the relationship, duties, compensation, intent , service rules etc.
Management can appoint Trainee under Management’s standing orders or apprentice under Apprenticeship Act.
If employer claims you were ‘Trainee’ then it has to admit that it has certified standing orders and these shall decide service conditions and shall prevail upon appointment letter. A certified copy has to be displayed and supplied to employee.
Service certificate has to be supplied to all employees including those who might have signed say BOND!
Relieving letter signifies that nothing is due towards employee.
In Karnataka (Bangalore) IT/ITeS companies are covered by Karnataka Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments.
Karnataka govt has made it mandatory for each establishment to have GRC.
As per Sec:6A appointment letter has to supplied to all employees upon joining.
The notice period of 6 months is beneficial for employer but detrimental to employee.
The salary that has been inserted in appointment letter has to be paid! If it is not paid then it is breach by employer and contract and conditions like notice period should loose its sanctity.
Karnataka Shops and Commercial Establishments Act, work hours are:8/day…….48hrs/week and beyond it OT @ double wages is applicable. If it is not paid then it is breach by employer and contract and conditions like notice period should loose its sanctity.
Then there is capping on OT. 20hrs/day is sadistic …………….criminal!
Hope you have evidence of OT demanded by employer and if yes then you can lay a claim to OT.
If work atmosphere is bad, employers/Managers are rude,rowdy,insulting,abusive,harassing……………… it is breach by employer and contract and conditions like notice period should loose its sanctity………………………and everyone can b epenalized/punished. You need to collect evidence (audio/visual/witnessed/minuted).
