Kishor_goswami
Advocate & Labour Law Consultants
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Pkmbgr13@gmail.com
Manager Operations
Cnu198126
Advocate
+3 Others

#Anonymous

Hi All,

I am very much in trouble.1 year back joined a company and signed a bond of two years with my parents signature on it.The bond was to complete in 2014. I left the company 2 months back in very tensed circumstances, the Management of the company used to harass me.I have left the company by just sending them the email by stating the reason "Harassment", i did not follow any procedure,notice period or anything but i was getting sick there so i just left.Now they have sent me legal notice ,and have made false allegation of data theft,company loss,pen drive theft etc and asking a sum of 1.25 lakhs within 15 days of legal notice, failing which legal actions would be taken against me (civil and criminal law).I have not done anything wrong and left the company because working environment was not bearable there,being a girl i was not able to tolerate that.

This is just a brief ,I have faced much more worse there.Now i have joined a new company.I am really worried about my future.

Please guide me what to do.I have not done any harm to the company in anyway.But this company MD is very cheap , he is well supported by legal advisers.

Please tell me if you require more details.

Thanks.

Aastha.

14th September 2013 From India, Ambala
Dear TRUESOUL

Welcome to CiteHR.com !!

There are many companies, who call themselves companies by virtue of getting themselves incorporated as such, under the Companies Act; however; they are no worse than a gang of white-collar criminals. Indulging in nefarious activities, evading rightful govt. taxes and royalties, exploiting gullible employees are a few of their routine activities. Many such rogue companies operate with impunity and utter disdain to the Law.

I am sure the illegal Bond that they made you sign, must be having several repugnant clauses on the basis of which it renders itself untenable in any Court of Justice.

The notice of Rs. 1.25 lakh which they sent to you, in itself constitutes harassment.

You need to enlist a good lawyer to give a Legal Reply to their Notice alongwith a claim of mental harassment and exploitation which forced you to leave your job and the fact that even after leaving your job, they are still harassing you.

Does the company comply with Labour Laws??

Was your PF deducted and contributed regularly ??

Did they grant Maternity Leave to their female employees ??

Did they pay Gratuity to eligible employees on separation ??

Do they follow the Minimum Wages Act ??

There are a host of things, that only you can answer. However, if the company has been flouting the above compliances; you can include all such allegation in the Reply.

Moreover, also make it clear that if they continue to harass you without any substance; you shall be forced to lodge a criminal case against them.

Be brave and do not give in to such threats.

Do feel free to revert back,in case you need more clarification or help.

Warm regards.
14th September 2013 From India, Delhi
I echo Mr Raj Kumar, take a help of a lawyer and give them a befitting reply to their legal notice, thereafter you can send a legal notice/file a case for harassment.
When you are at ease, please let us know whether you have undergone any training or went abroad on company's expenditure during the course of your employment. What was the content of the bond, signed by your parents, normally bonds are signed by the employee there is no role of parents to be involved for signing any bond, and on what term they are asking for 1.25 Lacs, also let us know what was your designation/Job profile to ascertain the data theft claimed by them.
14th September 2013 From India, Ahmadabad
It is amply clear now that the company has been indulging in several illegal activities including financial irregularities.
You can discuss and disclose these to your counsel and while replying these matters can be incorporated.
Meanwhile, you can search for a new job.
Warm regards.
16th September 2013 From India, Delhi
Dear Asthay,
I am really very hapy that, one of our expert advisor Mr.Ravikumar, advised you the best.
Do not worry.The notice sent by that Organisation is compleetly unconstitutional.Either they are trying to scare you or the personnel who has sent you the notice is not aware about the Employment Law.
Ones, the matter goes to Court, the Employee has to disclose a lot of things, which may create difficulties for the Employee.
16th September 2013 From India
Dear Aastha,
They have sent notice stating that you committed theft through pendrive data transit.Without conducting domestic enquiry at that time it is not at all validate in its nature and moreover without witnesses not valid.After left the organization they keeps their allegations how it meaningful?You can include in your lawyer notice and if it requires you can approach labour department (ACL/DCL) in your jurisdiction.
Don\'t discourage rather be challenge towards victory.
16th September 2013 From India, Secunderabad
Dear Aastha,
There is no such law bonded labor in India. Dont worry, this type of companies are more now in India, Some Companies will kept the employee certificates and some companies will do agreements. Now a days, this type of companies are more, initially they will take certificates and they will allow you to work. After completion of there work, they will start doing u harassment, if u leave that company then they will force u to pay amount. Dont worry. Call me.
My self J. Srinivas M.s.c LLM advocate from Andhra Pradesh High Court.
#9676299867
17th September 2013 From India, Hyderabad
Dear Aastha,
There is no such law bonded labor in India. Dont worry, this type of companies are more now in India, Some Companies will kept the employee certificates and some companies will do agreements. Now a days, this type of companies are more, initially they will take certificates and they will allow you to work. After completion of there work, they will start doing u harassment, if u leave that company then they will force u to pay amount. Dont worry. Call me.
My self J. Srinivas M.s.c LLM advocate from Andhra Pradesh High Court.
#9676299867
attribution https://www.citehr.com/470977-troubl...#ixzz2f7XqnQrq
17th September 2013 From India, Hyderabad
#Anonymous
Hi All,

Thank you so much for your replies. After reading all your posts,I have become aware now ...I did many mistakes on my part... like just signed the bond, agreed to give ATM ..many things .If I would have been aware of these facts at that time, this thing would not have happened with me.They even kept my last month salary with them.I wonder how our IT company law allow these types of companies to exist, don't they do any check on them ??...like are they following all the laws and may be interviewing employees ..is your company behaving rightly with you? (spcialy with girls)There should some kind of check on regular basis and these type of companies should be closed.

Working environment there was like hell.You wont believe even the HR used to taunt and pass remarks on me ,she with MD used to talk shit.

Those were very low standard people and do not deserve to run a company.

I am just scared if I disclose such things, being a girl my name will also come.This is the thing which is kept me silent the whole year and now also.

Thanks

Aastha
17th September 2013 From India, Ambala
for receipt of your legal dues and action file cases in court of law.
18th September 2013 From India, Mumbai
Hi All,
I am in a very critical condition now, it has been 10 months since I left that company( the one regarding which I discussed in previous threads). Today I received a "COURT SUMMON" , we refused to accept the summon. The person carrying it was from some courier company and he told us that "this summon is from court for amount 2.5 lakhs that you have to pay to your company now for breaking the bond and for the claim that company is making".My name and my mother's name was mentioned in the summon , as my mother signed the bond papers as guarantee.
Please help, what should I do now. What will happen now as we have refused to accept the summon and what is the procedure which I should follow??. Is there any chances that I may get arrested for this??..How many times the summon is sent??I have not done anything wrong. The company used to harasses me so I left the company.
Please advice
Thanks in Advance!
Aastha
2nd May 2014 From India, Ambala
If I am not wrong, the summons are not sent by courier, it is either send by a Government Public Servant or by Post i.e. OIGS, thereafter how come the courier fellow knows all the details mentioned in the summons. Secondly in my previous reply to you I have suggested to give a reply to the notice send to you, have you not send the reply. Last but not the least why did you reject to accept the summons which is wrong on your part. Not accepting the summons means you are disrespecting the court of law, wherein the court can order to arrest you too, god forbids.
Please hire a lawyer immediately and take his/her advice and give a reply to the notice.
3rd May 2014 From India, Ahmadabad
Do not worry at all. Nothing is going to happen. Many many people break bonds in an IT company and no 1 takes any action. So many employee receives the legal notice but nothing happens to them after that. So keep cool and continue with your current tasks and leave that.
My blogs on Java, Health Beauty Fitness
Interview Questions | Java @ Desk
Health Beauty Fitness
3rd May 2014 From India, Mumbai
Do not send them any legal notice. Do not fight as no one can win against big companies in a court. Just keep your cool and eat bhel puri in the notice they have sent you :)
Enjoy its common.
My blogs on Java, Health Beauty Fitness
Interview Questions | Java @ Desk
Health Beauty Fitness
3rd May 2014 From India, Mumbai
Dear Ms. Deepa Bhatia
Aastha has received a court summon and not a notice from the lawyer, even if you receive a notice from the lawyer you are supposed to file a reply to the notice and cannot eat bhel puri's on the notice received as you advised.
3rd May 2014 From India, Ahmadabad
Apologise for explanation in a funny way. My only point is its fine. Nothing happens as far as my knowledge is concerned.
My blogs on Java, Health Beauty Fitness
Interview Questions | Java @ Desk
Health Beauty Fitness
3rd May 2014 From India, Mumbai
Hi All,
Thank you for your replies
I request you to give serious advice.As to make myself clear it was a SERVICE AGREEMENT that they made me sign with my and my mothers signature on it and now I have received a "COURT SUMMON" which some guy delivered from court or courier as we dint listen to him and shrugged him away saying that we dont want to accept such things. Now I realize what blunder I have done.
Please tell me how can I rectify my mistake and what to do next. I dont want my mother and myself to get into any legal troubles or court matter.
Regards,
Aastha
3rd May 2014 From India, Ambala
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