Malikjs
Gm (hr)
AshokHR
Service
Asitoshsharrma
Hr Professional
+3 Others

Thread Started by #shailesh.ofb

I am working in a Public Sector Bank(indian Govt).My appointment letter says that i will have to execute a service bond of 3 years or pay 3 lac for breeching.
I have not signed the bond and want to quit. Can they force the bond and deny the relieving order as i have accepted the offer letter (and returned the signed copy) which says that there will be a bond.
3rd October 2008 From India, Pune
You have accepted the offer which says that there will be a bond but in offer terms and condition of bond were not explained.Now when u have received a copy of bond ,u have not signed the bond and want to quit the job as condition of bond is not acceptable to you.
In my view u have not signed contract/appointment letter so question of breech does notarise
and legally they can not sue you.
tks
j s malik
3rd October 2008 From India, Delhi
i am also of the same opinion.Actually i have been working with bank for the last 6 months and they never bothered to ask for bond.Now when i have served the notice,they are giving me nightmare.
Any way, thanks for validating my thinking.but still i am v worried...they may just held my releiving letter.
Can you pls clearify on one more thing?
In my offer letter it says "Bank can terminate ur services by giving one month notice during probation period".it never mentions if i can also resign by giving one months' notice.I think i should be from either side....They are asking me to give 3 months notice which is applicable to confirmed employees.If there is any specific clause related to Probationers,then that should be applicable of any general condition for 3 months notice.
Any way, thanks for helping me.
3rd October 2008 From India, Pune
You are correct,if u ask me this appointment letter is void abnitio because the contract should have clause of vice versa .if u leave will pay three month notice if we will terminate u than one month notice is not justifed .this appointment letter will not stand in court of law.
regarding holding relieving letter u can understand yourself.
tks
j s malik
4th October 2008 From India, Delhi
Can you quote some rulings to substantiate my position? Some legal document or some Govt of India guidelines.i really don't understand how come a public sector bank can issue illegal unjustified appointment order ? They say that its bank's policy and fighting the case in civil court will be quite a daunting task.if i can get some sort of document which could tell them that sticking to unequal terms is illegal then that will help me a lot.
4th October 2008 From India, Pune
Dear
One side agreement is no agreement. Yes, if they are sending you on training abroad and investing money on training than the Bank has the right to recover the money; subject to the condition that both the parties have signed the agreement in token of their acceptance. Since you have not signed the bond, they can't demand the4 bond amount. Pl return the bond copy duly signed by you that the bond is not acceptable and also submit your resingation simulteneously.
ak malhotra
5th October 2008 From India, Guwahati
thanks for reply..
they have not given the bond to as of now.i dont know the terms and conditions of it but in my offer of employment letter,it was mentioned that i have to execute a service bond .
Now as i have resigned and i am under notice period,my boss is insisting that "what if you have not signed the bond,you agreed to it while accepting the offer letter".
Although nothing has come up in writing from my HR Dept,still i am worried if they really arm twist to give RS 2L .
All the employment agreements are always one sided.Do you suggest that ALL of them all illegal ?
5th October 2008 From India, Pune
Dear Friends
I have gone through content of every one, i will request all of you that please read THE BONDED LABOUR SYSTEM(ABOLITION)ACT 1976
the act clearly say thet you can not have any bond related to employment even if any one have or welling to have such agreement will not be valid agreement or contract (please note every one)
Mean under the law such contract or agreement will not be valid and person affected can approch to the court.
6th October 2008
hi Anjan,
i was trying to read that Case No from Karnataka High Court Website but it ask for type of Case,date etc.How can i get the actual content of that case?how will it be relevant in my scenario ? Pls help me..
6th October 2008 From India, Pune
This is a case filed by an Employee of BEML( PSU) against not releiving him
after resignation stating the bond terms which the BEML implemented recently to all employees which states that no employee can resign within three yrs of joing the organisation if so they have to pay 2 la.
6th October 2008 From India, Bangalore
hi Anjan,
thanks once again for showing interest in my cause.
You mean to say that case has been decided in favor of the employee.I tried to find the said case No(9931 of Year 2008) from High Court of Karnataka site but site ask for Case Type(AC,CA,CMP,COA).I am not a legal pundit so all these terms are very tough although they may have obvious meaning for you.
Thanks in advance for helping me.
6th October 2008 From India, Pune
Can you please specify as to which section in Bonded Labour System (Abolition) Act, 1976 is specified about the employment bond being illegal. Thanks & Regards, Asitosh Sharrma +91-9822465532
7th October 2008 From India, Pune
Dear Friend,
If the does not send you on Trainning or Invested money on you for new
learing and you have not sign a bond. you can move as per appontment
letter. as mention notice period.
Arvind Chourasia
11th October 2008
Reply (Add What You Know) Start New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™