Arun Kumar Maitra
Presently Working As Company Secy. In Old
Lakshmi87*
Agm - Hro, Compensation & Benefit Mgt,
+2 Others

Thread Started by #sandarbhm@yahoo.com

Hi Friends

I was employed with an organization which is an IT startup organization. I joined the organization and after 1 month the management asked me to sign a bond which says if i leave the organization within 12 months i will deprived for relieving certificate and i need to pay 50,000 as against their expenditure to training and other expenses. This was not accepted by me and i resisted hence later they added a clause if i help in peaceful and timely duty handover the amount will be waved off.

I resigned the organization in just 3 months time and the handover of the responsibilities was done as per the instructions given to me (verbal). where as when i did the handover i dropped a mail to the management for which no acceptance was given.

When i joined the organization they asked me to sign a paper which says laptop is the companies property and if i loose it or mishandle it an amount need to be paid. for which when i left the organization they given that paper which has a signature saying the laptop is received.

They have not paid my salary for 27 days and the conveyance of approx 9k.

Can any one help me in getting my dues cleared from them and what legal action can i take against the company.

It has been 3 months now that i have left the organization and they have not reverted on my request for fnf settlement.
18th October 2012 From India, New Delhi
Was the acknowledgement receiving of laptop was issued after all the formalities being done right?
Did they oppose your resignation verbally? (or in any written form)
If the answer for the above questions is positive then you have claims against the company for the amount you deserve....
Send them the notice (letter) with all the details about the salary, the conveyances for which you have proof, and any other claims if you have, and ask for the reason of delay in payment and warn them if it is not paid within a month then the company would be responsible to pay it with interest for another month delay and shall be answerable at the courts of law in case of failure...... Send it by registered post with proper address and save the acknowledgement of the post......
18th October 2012 From India, Bangalore
Pls share the company name , if its shared then other members can 2 decide for a legal court suit and you can then plan accordingly.
18th October 2012 From India, Delhi
Hi
it is not clear from you whether your resignation is accepted by them. Did you get response to your resignation? Do you have the acknowledgement for your resignation.
Did handover the company's properties in the form of a document and kept copy with you. if the answer is yes, you can represent the matter with help of an advocate.
you need to establish that they are not responding to your letters or requests, for that you need send letter to the company by a registered post ack due. then approach advocate. it may help.
18th October 2012 From India, Hyderabad
Thanks for your help...
The acknowledgement is there with me for the receipt of the laptop
They have acknowledged my resignation verbally and asked me to hand over the responsibility to a concern in the company.
Post this I have dropped an email which says the responsibilities are shared and the handover is done if you have any issues there after please contact me on my phone. for which i have never received any phone from them.
20th October 2012 From India, New Delhi
I think it should not be done on the forum they have been my employer although you can drop me a mail i can give the name
20th October 2012 From India, New Delhi
Apparently you have a very strong case .You are certainly entitled to resign as per the tremination clause contained in the appointment letter.Moreover, the system of bonded labour has long been abolished from our country.Service -Bond is generally invalid, unless it is executed for resonable reasons like recovery of actual training cost and protection of intellectual property rights etc.It violates Article 19 of our constitution which guarantees freedom to every citizen to do any occupation ,trade or business or practice any profession.Moreover , subject to certain exceptions, it also violates Section 27 of the Contract Act.Even the Supreme Court has taken a very serious view of such type of contract, as it affects flexibility of a person to avail a better employment opportunity.

By not communicating their decision relating to your resignation-letter,your employer have given implied acceptance to the same.Therefore, it takes effect from the date specified in your notice.

In view of the above, please immediately issue the legal notice to settle your outstanding dues as well as release order and stating that otherwise you shall be compelled to take suitable legal actions against them.
20th October 2012 From India, Delhi
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