Greetings all,
My question is one of the organisation where my friend is working, at the time of joining he has executed a bond for 2 years and deposit his SSC(10th) certificate and they made him to sign on 100 rs bond paper, the statement on it is if the employee at any point of time in between this 2 years is wanting to leave the organisation then he have to pay 3 months basic salary to organisation.
and more over the xerox copy of the bond was not given to him.
but the appointment letter given to him was stating that he can leave the organisation with 2 months prior notice.
but now he has worked for 1 year and submitted his resignation stating that he is agreeing to give a 2 months time as stated in appointment letter,
but his employer is insisting to do both ( 2 months notice and pay 3 months basic)
my request is please suggest as how to proceed.
and is this type of bond process legal
Best regards,
Prakaash
From India, Hyderabad
My question is one of the organisation where my friend is working, at the time of joining he has executed a bond for 2 years and deposit his SSC(10th) certificate and they made him to sign on 100 rs bond paper, the statement on it is if the employee at any point of time in between this 2 years is wanting to leave the organisation then he have to pay 3 months basic salary to organisation.
and more over the xerox copy of the bond was not given to him.
but the appointment letter given to him was stating that he can leave the organisation with 2 months prior notice.
but now he has worked for 1 year and submitted his resignation stating that he is agreeing to give a 2 months time as stated in appointment letter,
but his employer is insisting to do both ( 2 months notice and pay 3 months basic)
my request is please suggest as how to proceed.
and is this type of bond process legal
Best regards,
Prakaash
From India, Hyderabad
Hi Prakaash,
Recent judgement by the court of law has declared bond as illegal in India. The Employer can sue your friend but end of the trial it does not give him any relief, hence your friend's employer would not take this step. Your friend should refer some personal reasons to leave the organization otherwise organization would ask for compensation from him. He has to resign in proper format for two months and serve the notice period as per appointment terms.
He can consult somebody known in labour court who can send notice to the employer to clear your friend's dues as per appointment terms. Employer can sue your friend in the court of law only when he has borne training expenses if any.
Regards,
Taru
From India, New Delhi
11Recent judgement by the court of law has declared bond as illegal in India. The Employer can sue your friend but end of the trial it does not give him any relief, hence your friend's employer would not take this step. Your friend should refer some personal reasons to leave the organization otherwise organization would ask for compensation from him. He has to resign in proper format for two months and serve the notice period as per appointment terms.
He can consult somebody known in labour court who can send notice to the employer to clear your friend's dues as per appointment terms. Employer can sue your friend in the court of law only when he has borne training expenses if any.
Regards,
Taru
From India, New Delhi
The very first thing what I would suggest for your friend is to go and ask the employer for the copies of Bond which is his right and he must obtain this.
Second, if his appointment letter says that he can put forward two months of notice and can leave after completion of notice period with paying lose of employer as per the terms of appointment letter and Bond.
Third, there is no need to do or obey the condition was imposing on him accept the terms application by appointment letter which is actually matters here. If he having the original copy of appointment letter, I would suggest him to request them by sending an email (a polite request by personal email) with attached scan copy of appointment letter containing that he is obeying the Terms & Conditions written in appointment letter and the day of completion of notice period would be the last day of his employment.
Nothing much he needs to do as this is a complete ethical and professional step that he can take here.
“Resignation & Notice”, always create many confusions, problems and misunderstanding/communication which often bother both employee and employer badly. But employee must take ethical and professional step always.
About Bond, he must not care about this bond bcz this cant bother him anyhow if he is obeying the terms of appointment letter sincerely and seriously. Agree with Ms/Mrs Taru and this bond obligation is just a professional act that helps employee and employer both to follow an ethical employment culture and has no legal entity in India, therefore, this cant bother him.
About SSC Certification that is with Company, you can also ask them to return which is your right and they have not right to keep it with them. Im sure there would have no terms and condition in Bond and Appointment Letter that allow them to do this..
Ask them and they have to return this to you otherwise you can take legal help if they deny in any case and this further procedure i will give you after getting your response in this regard.
Best of Luck
From India, Gurgaon
Second, if his appointment letter says that he can put forward two months of notice and can leave after completion of notice period with paying lose of employer as per the terms of appointment letter and Bond.
Third, there is no need to do or obey the condition was imposing on him accept the terms application by appointment letter which is actually matters here. If he having the original copy of appointment letter, I would suggest him to request them by sending an email (a polite request by personal email) with attached scan copy of appointment letter containing that he is obeying the Terms & Conditions written in appointment letter and the day of completion of notice period would be the last day of his employment.
Nothing much he needs to do as this is a complete ethical and professional step that he can take here.
“Resignation & Notice”, always create many confusions, problems and misunderstanding/communication which often bother both employee and employer badly. But employee must take ethical and professional step always.
About Bond, he must not care about this bond bcz this cant bother him anyhow if he is obeying the terms of appointment letter sincerely and seriously. Agree with Ms/Mrs Taru and this bond obligation is just a professional act that helps employee and employer both to follow an ethical employment culture and has no legal entity in India, therefore, this cant bother him.
About SSC Certification that is with Company, you can also ask them to return which is your right and they have not right to keep it with them. Im sure there would have no terms and condition in Bond and Appointment Letter that allow them to do this..
Ask them and they have to return this to you otherwise you can take legal help if they deny in any case and this further procedure i will give you after getting your response in this regard.
Best of Luck
From India, Gurgaon
The problem is that his SSC Certificate is with the company
Looks like he is stuck. I never approve of employers who keep certificates with them as it gives them a superb leverage.
If you do not do what the employer wants (and what he is saying is illigal), then your friend should approach the SSC Board for a duplicate of his certificate
From India, Mumbai
Looks like he is stuck. I never approve of employers who keep certificates with them as it gives them a superb leverage.
If you do not do what the employer wants (and what he is saying is illigal), then your friend should approach the SSC Board for a duplicate of his certificate
From India, Mumbai
Dear Friend,
No employer is entitled to hold the certificates of any employee. Please go and fearlessly lodge a police compliant regarding it for unlawful detention of your Certificate. Secondly I suppose that your friend has not received any type of training in lieu of which that bond was executed. Please understand that these type of fake bonds are not enforceable under Indian Law. On Contrary you may seek police help against them. Go lodge FIR against the employer. You will certainly get the remedy.
From India, New Delhi
No employer is entitled to hold the certificates of any employee. Please go and fearlessly lodge a police compliant regarding it for unlawful detention of your Certificate. Secondly I suppose that your friend has not received any type of training in lieu of which that bond was executed. Please understand that these type of fake bonds are not enforceable under Indian Law. On Contrary you may seek police help against them. Go lodge FIR against the employer. You will certainly get the remedy.
From India, New Delhi
thank you very much i will ask him to do as per your suggestions.
and more over friends this situations happen to so many like this and i feel it is up to us to think over & over before executing this types of bond and not to get stuck in this worst scenario.
From India, Hyderabad
and more over friends this situations happen to so many like this and i feel it is up to us to think over & over before executing this types of bond and not to get stuck in this worst scenario.
From India, Hyderabad
Dear Prakaash\
Please check https://www.citehr.com/25557-employe...icability.html , https://www.citehr.com/132733-validi...-stampact.html , https://www.citehr.com/31082-how-val...s-bonds-2.html and https://www.citehr.com/162292-legal-...nt-bond-2.html are some of the thread where the same subject has been discussed in detailed way. Hope it will be useful and surely guide you.
From India, Kumbakonam
Please check https://www.citehr.com/25557-employe...icability.html , https://www.citehr.com/132733-validi...-stampact.html , https://www.citehr.com/31082-how-val...s-bonds-2.html and https://www.citehr.com/162292-legal-...nt-bond-2.html are some of the thread where the same subject has been discussed in detailed way. Hope it will be useful and surely guide you.
From India, Kumbakonam
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