Kishor_goswami
Advocate & Labour Law Consultants
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Pkmbgr13@gmail.com
Manager Operations
Cnu198126
Advocate
+2 Others

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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.

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.

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.

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.

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.

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.

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

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

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

for receipt of your legal dues and action file cases in court of law.

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