Dasp06
Hrm, Ir, Labour Laws
QUAMAREAZAM
Operation Manager
Sundar1959@zapak.com
Administration & Customer Care
+1 Other

Sir

I was working in a firm in Indore.

I joined that firm in th post of deputy manager with 3 yrs experience.
The previous employer created such a condition that I was asked to sign a bond for three yrs.
I was deputed to Bangalore with a commitment that they will bring me back to delhi.

iWhich has been signed by me.
I was working peacefully ,but suddenly due to recession there was some extreme pressure from my office,some unbearable prassure.
I even got other offers ,but i denied.
now three months back i got an offer Which I can say as my lifetime acheivement ( a resul of all my hardwork)
I put this in knowledge of my reporting boss and president of that company.
The president then agreed but he asked me to work for two more months that is 30-04-09 was my last date in that company (with written confirmation)Though I didnt got any salary from last two month ,but i completed that period and happily joined that firm.
Even since last Nov 08 all my travel related bill ( app 55000 rs is held)
Now they have sent a legal notice to my house demanding 6 months salary or legal action.

plz suggest wat to do.

As I was expecting my full settlement ,instead they are demanding.

Even I sent the resignation to HR head and all concerned person ,but there was no reply from them related to BOND( I was not given any copy of Bond.)
One more thing ,in my offer letter there is a clause that i will be in probation till i didnt get any written confirmation from HR.
which i havt not recd till date.

plz suggest wat to do ,for that notice from HR
16th May 2009 From India, Mumbai
I joined as deputy manager with 3 yrs exp
I was having the related experience of that feild
They only conducted an induction program for 15 days to make me familiar with all the persons of plant and HO.( No special training where they have invedted any thing)
As per offer letter training period is one month.
probation 6 month ( which can be extened as per their offer
)
3 yrs service bond.
Boss ,I am really tensed ,though i informed all the concerned via mail,and they agreed to allow me to go out.( mail from president of company)
Even if they had raised this issue of bond earlier ,i would have not left.
plz suggest.
ur reply is awaited
Even I was asked to do some illegal activities in my area,( I have the relevant proofs) Govt issues
If possible any contact no plz
deepak

17th May 2009 From India, Mumbai
Dear Mr Deepak Singh,
Without going in to details I have one doubt - you got written communication that you worked in your Firm that 30th April 2009 was your last day and you worked for two months without salary. Then where is the question of Legal Notice? So from the basic information which you provide I do not think you will land in to any problem and still if you feel you can consult Advocate whom you know very well (from your friends circle).
Once any Organization gives written communication that 30th April 2009 was your last day - again from the basic information you provided - the Legal Notice will not serve any purpose.
I seek opinion from experts to guide the gentlemen who is confusion please.
Sundararaman
17th May 2009 From India, Madras
Thnx mr sundar.
Even I was surprised when they sent a letter to my mother demanding six months salary.
Actually I resgned on 10th of FEB 09 ,requesting My president to releive me by 31st march.
They ask me to serve till 30 april.
Reason given by management was:- they will hire someone in my place whom I can hand over the responsibilities,
Even our Head of HR dept came we took interviews here and hired 4 persons intotal for Bangalore Branch.Three Juniors and one in My place.
Later we had a good party also.
Sir, I dont understand what to do.
I talked to my HR also,who didnt said a single word abt that bond till I moved out ( 30-04=09)
Two days back also I called him ,asked him a solution.He is saying demand that money from your new company and deposit to them.
Deepak

17th May 2009 From India, Mumbai
Employment Bonds are sheer wastage of stationery and time. There is no legal validity provided to such bonds by any Act.
Write back to them demanding your valid dues with a warning that if they do not settle your dues, you may take this matter up legally. Dont worry, you will surely win this battle hands down.
Good luck.
18th May 2009 From India, Delhi
As far as Bond is concerned it can't be challenged by any company, As our constitutional provisions, no company can halt the progress of any employee by getting him signed the legal bond.
Company only puts psycholigical pressure on the employee, and it has no legal validity.
18th May 2009 From India
In my view, you should contact legal person( labour or consumer court) & sen them a letter-demanding your balance payments(2-month salary & travel allowences) with all proofs.
19th May 2009 From India, New Delhi
As far as bonds are concerned it is sheer wastage of stationary and time, as per our constitutional provision no employer can halt the progress of any employee.
Bonds are only to put psychological pressure on the employees, no employer can challenge it in any Court, it is only psychological tactice.
19th May 2009 From India
Hi,
Just do not worry. As the other gentleman suggested write a detailed letter attaching their letter asking you to stay up to 30th April 2009 and also quote the party you had etc. Send it by Registered Post Acknowledgement Due (which no company return - don't send by courier service as there is a possibiility of your letter getting returned).

For your ready reference I am giving below which has been taken from this Cite HR.
Please be bold and get in to action.
---------------------------- Quote --------------------
Validity of Bond/ Service agreement, on company's letter head, as per Indian Stamp ACT
In India Bond is illegal as follows

As per the Indian Statute bonded labor system was long abolished and no bond can force any person to work against the employees wishes.

Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the Constitution the write work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under Article 19.
As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided.

Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom its is enforced and if performed would violate principles of natural justices.

As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.

Sec 368 of Indian Penal Code talks about extortion by the threatening to file a legal suit. The minimum punishment under this act is 2 two years.

The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.

The court also has stated that the employer can not hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same.

Any complain on the company would land the Directors and Managing Directors of the company in Jail, as the company is not a actual living entity but legal entity and the management are hands and heads of the company.

Bonds are applicable only if the company has spend money on the personal grooving and enhancement of the employees, but not just a training that helps employees perform better.
20th May 2009 From India, Madras
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