The Bonded Labour Act has been abolished

Amith R Murthy · 20-06-2008, 12:49 PM

Dear Viral,

First of all thanks a lot posting a very intresting topic for discussion. Even i think in this case when the Bonded Labour act is abolished than we should clearly say this as a agreement or a contract instead od using term "BOND". Hope you people will agree with me.

Coming to the point of employee leaving without informing the employer even if his period is not over, in such a case i would suggest we can have a clear contract in which we can mention what if he/she quits without informing the employer. In such cases it clearly depends what you will be looking to recover from that particular employee depending on the amount that you would spent on him/her during his stay. And i would suggest you to have equal amount of monitory and non-monitory recovery from particular employee. This might make him sometimes difficult to join other company.

Hope you people agree with me and please keep posting your replies.........

Regards
Amith R.

Rajeev Verma · 20-06-2008, 01:37 PM

Viral,

It entirely depends upon the clause that how it is formatted. In most of the case where such type of bonds are taken from the Employees the copy of the same is not given to the employees. Hence without the copy of the same how can an employee file the suit?

In second case if the employee does have the copy than you cann't stop the employee from filing the suit for the non payment of the so called loyality Bonus.

But usually such type of cases are only filed by the employee when he is not in the service or has left the job with that company.

As far as the time period is concerned the employee should file the case as early as possible and if he is late in filing that than there should be valid reason for being the late in filling the suit, which can convince the Court. If the employee is late in filling the case without any valid reason than court may dismissed the suit.

Quote:

Originally Posted by Viral Shah

Dear saikat dhar and all my frnds........

Thanks for ur valuable opinion....... My another query is if any employer has taken a bond from an employee and there is a clause for loyalty reward........after completion of bond ..... Now in that case if employer refuse to pay that amount what should employee do against employer???? can he file a suit to recover his money....... before the civil court?? or where else can he file the suit.....and is there any time limit for that???

Thanx in advance.......& waiting for ur valuable reply.......

Viral Shah · 20-06-2008, 01:53 PM

As far as the time period is concerned the employee should file the case as early as possible and if he is late in filing that than there should be valid reason for being the late in filling the suit, which can convince the Court. If the employee is late in filling the case without any valid reason than court may dismissed the suit.

Rajeev.......As per my knowledge..... Limitation Act condone any delay in legal proceedings.....but there is no provision to file a suit.....after time limit...... If any one file the suit after completion of time limit it can not be condone....... More over if an employee does not have a copy of the said bond...eventhough he/she can file a suit and by filing a simple application.....court can order the company to submit the original bond to the court..... that is not a big issue....

If he/she is doing a job in the same co. & file a suit then his/her relationship with co. will be in worst condition....that time what does he/she do.......coz it's a matter of 60-70k..... pls.....tell me.....

vijay_shankar · 20-06-2008, 02:19 PM

Dear All,

I concurred with the remarks of Rajeev. If the company has not incurred any expenditure on the training of that particular employee then how come the company has got the legal right to stop him or her for leaving the organisation. I think in this case the employee has got every legal right to call it a day.

Regards,

ashi.shrivatri · 20-06-2008, 04:00 PM

Report on recruitment and selection

saisreedhara · 21-06-2008, 10:20 AM

Hi all

Very interesting topic and givng lot of information.
here i give live case
One of my friend has worked for a company more than 11 yrs and he left the company , though he has informed them about leaving , employeer has threaten him so left the company with out giving resignation letter and the present employer has joined him . The previous employer has written letter also to the current employer .They has ignored the same .Nothing happend to him .then the previous employer has issued termination letter delibarately (paper corresondance has also happend between the employee and previous employeer) . Now he is comfortable with the present employeer .
Can he get gratutity and PF transfer to the present Account.
If he moves further , will it has any issues (like service certificate )
ie. his termination letter speaks negtive about in his futher

indianranjan · 21-06-2008, 12:00 PM

Hi All,

I got recruited by WIPRO in India and came to onsite on assignment and served at onsite (USA) for 2 and half years. Total I worked for wipro 4 years.

I resigned to wipro 2 months ago at onsite (USA) and when I am asking for the experience letter, they are saying that I have not given 2 months notice period. Actual Notice period I had given was 3 weeks .And also asking me to pay 10,000$ For liquidity damages. read rest of the post here

Wipro Not Providing Experience Letter | Share Your Work Experience

Rajeev Verma · 21-06-2008, 12:25 PM

Viral,
Now I think your main query is that whether his / her suit is tenable or not due to delay in filling the suit. Am I right ?

Mine conclusion was based on the actual case dealt as I had faced the same thing in one of my earlier company that few employees has filed the case after a gap of 6 years on the company, but I was managed to dismissed their petition on the ground of late filling. But that was in the Labour Court.

I think if we take up this matter as a case study with some actual facts data, then only I think we may be able to arrive on some solution. Like whether he / she still working in the same company? If left, then how long it has been?

Viral Shah · 21-06-2008, 12:39 PM

Rajeev....... Thnx for the concern........

No dear that I have received after starting this thread. and he/she is working in the same company. He/she has just completed his/her agreement period in March 2008. So it will be in time limit.......But main question is if he/she file a case against the employer then it will pakka k employer will enforce him/her to leave the company at any cost....... Now the amt. is 60-70k which he is entitled........ Now He/She asked me to give suggestion what to do????? It is sure k........ court case will affect his/her current job.. then what will be the practical way to collect that much amt.

Kuljit Pal Singh · 21-06-2008, 01:00 PM

Dear Friends

Im sorry to take u back to the main question of this thread.
Herein this discussion i observed an confusion between bonded labour, service contract and the word bond. Pls note that all the terms are absolutely different, remote and no where similar to each other.
What is Bond?

The Bond we are discussing here is nothing but Indeminity Bond (Sec-124 of Indian Contract Act,1872)
It is entered into to make the loss good by the indemnifier to the individual in favour of whom the bond has been made.

Now the question how the loss is to be calculated the answer is lies in section 73 of Indian Contract Act which states the compensation or loss of damage caused by breach of contract.

Regards