Which office has issued appointment letter and Bond Indian or Malaysian?
It shall be appropriate to show all documents and records to a competent and experienced labor consultant/service lawyer and give inputs in person and let your lawyer evaluate the merits and suggest appropriate forum.
You have posted that:
--“The salary will remain unchanged during this period.”
This can be termed unfair, bad, unethical and a pointer to enslave the employee.
The DA is decided as per CPI, and basic wages are inclusive of DA.
As inflation, prices are rising, why any establishment would bind an employee without any rise in wages, although the performance is to be appraised????
--“On joining, there is a training period of min. 2 months in Malaysia, on completion of which I will need to join & work in their office in Pune”
Has the company provided training adding to skill and qualification? Has any certificate of training been issued? Has the company provided any break up of expenses/itemized detail of expenses incurred by it?
If you have undergone a training which is really training why would you think of separating after training and without any cost to you?
The decision is to be taken by courts of law and in case training has been imparted company has to justify the expense and employee can ask for itemized detail and supporting bills in original. Company shall press for liquidated damages.The amount of compensation a company can claim must be commensurated with the loss caused , and not more.Loss has to be proved.
---“Working hours mentioned in offer letter are from 9 am to 7 pm which are 10 hours a day with 45 mins meal break.”
SE Act is applicable to IT Companies in India.
SE Act Bombay:
Hours in a day including one hour of rest, 48 hours in a week.
14. Daily and weekly hours of work in shops and commercial
establishment.-
(1) Subject to the 29 [other] provisions of this Act, no employee shall be required
or allowed to work in any shop or commercial establishment for more than nine
hours in any day and forty-eight hours in any week.
(2) Any employee may be required or allowed to work in a shop or commercial
establishment for any period in excess of the limit fixed under sub-section (1), if
such period does not exceed [six] hours in any week.
(3) On not more than six days in a year which the [State] Government may fix
by rules made in this behalf, for purposes of making of accounts, stock taking
settlements or other prescribed occasions, any employee may be required or
allowed to work in a shop or commercial establishment in excess of the period
fixed under sub-section (1), if such excess period does not exceed twenty-four
hours.
You may find the attachments useful.
