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SUBHAJIT BISWAS (SE)     30 September 2012

Service bond

I am having a bond of 18 months and sum of 1 lakh +salary+ 24% interest .........

I have break this at 7 months.............

 

Should i have to pay this??????????



 3 Replies

Kumar Doab (FIN)     30 September 2012

You may show the bond, appointment letter, service rules, standing orders to a competent and experienced labor consultant/service lawyer and give inputs in person.

If conducive you may attach the bond in this thread. To maintain confidentiality you may erase the names etc.

You may find the attachments useful.


Attached File : 920294865 417759075 validity of employment bonds.pdf, 920294865 background paper.pdf downloaded: 100 times

SUBHAJIT BISWAS (SE)     04 October 2012

I have attached the bond copy.........


Attached File : 739807685 service bond-18 months.doc downloaded: 73 times

Kumar Doab (FIN)     04 October 2012

--”Trainee has approached the Management with a request that he/she may be provided with Graduate Engineer Training”

Did you respond to a job advertisement and do you have the copy of it?

Did any consultant approach you from a job portal?

Did the recruiter of the company approach you?

Have you been issued any appointment letter and if yes what is the designation given to you? Has company displayed its standing orders on entrance/gate and has it circulated to all employees or placed these in employees knowledge domain e.g. HR portal accessible by employees?

You may apply for copy of standing orders of the company and ask for the amount of fee if any to be paid to get a copy and that web link for soft copy be provided to you?

Please check if you are recruited as a “Traniee” as per standing orders of the company? Or you are recruited as an apprentice as per provisions of Apprentice Act?

 

Have you been given a PF number and are you enrolled for gratuity?

--“All Intellectual Property Rights of the aforesaid training program vest with the Management.”

Is it a certified or patented programme?

Can this training be imparted by any other establishment or institute or any other company?

--“Trainee shall bear the cost and expenses of the training.”

So management is not spending any penny on the training.

 

“Trainee has agreed that he/she shall bear all the expenses himself/herself and has requested the Management to pay the said sum of Rs. 1,00,000 as a loan to the Trainee in the form of training expenses to be incurred by the Management.”

Has any loan agreement been signed? Has any loan been disbursed by cash/cheque/DD/bank transfer?

 

 

 

--“including miscellaneous expenses”

So all expenses have been put under head of miscellaneous expenses and have not been itemized.

 

  1. Apparently these are normal, basic and routine parts of the various functions to be performed by employee. Company would like its employees to be proficient in performing their duties and hence might like employees to undergo some sessions or go thru some material on such headings.
  2. Who are these experts and specialists? Were they from some outside faculty or internal faculty on rolls of company? How many sessions were conducted? Did company provide any certificate for the same? Did company conduct any tests? Did you work on these days when sessions were conducted?

8. No one including trainee or apprentice can be put to work without paying wages and wages paid for work can not be recovered.

20. You have signed acceptance for arbitration and sole arbitrator shall be appointed by MD.

Explore possibilities of settlement may be prorated e.g. Rs1.00 Lac/18* number of months. However do not commit yourself to anything and nothing in writing.

 

Kindly approach a labor consultant/service lawyer expert in handling such matters, and show all documents and give inputs in person.

If there are other employees like you, all of you may join hands and be witness to each other.


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