Saswatabanerjee
Partner - Risk Management
Hardeep
Scalper :-)
Bala41087@gmail.com
Assistant Manager - Hr
Kishor_goswami
Advocate & Labour Law Consultants
Raj2205
Trainee
+5 Others

Thread Started by #Raj2205

Hello,
I\'m new to this forum.
I recently joined in a small IT company as .net programmer in Chennai. I\'ve signed 3yrs bond on 20 rupees bond paper. If I need to break the bond, I need to pay 1 lac rupees. I gave all my original certificates to them.
Now I\'m in training. Training period is 4 months and no salary for this training till 4 months. After 4 months of training, my salary will be only 4k per month which I think it\'s less than current market standard.
Now I came to know that there is proper hike. To get hike, they are asking me stay for whole night right from morning and they\'re asking me to come on Sunday also. If I do all these, by the end of 3yrs, my max salary would be 15k to 18k.
Because of my family problem, I need to come out of this company. I\'m here for only 1 month. I talked to the HR to quite but they\'re asking me to pay 1 lac rupees. Otherwise they wont give my certificate. I feel like I\'m arrested.
Any one please help me what am I suppose to do?
14th September 2013 From India, Mumbai
Why you have signed the agreement? Now in case of trouble/pain why you are asking help from us?
14th September 2013 From India, Pune
Dear Raj
I am surprised to read your post that they are not paying any penny during training period and got bond signed for three years and pledged your original certificates as guarantee of bond.
I suggest, if you dare, leave the company and get the duplicate copies of the certificates from the respective Boards/Universities. No harm will happen to you. Salary offered is less the Minimum Wages.
All the best
V K Gupta
14th September 2013 From India, Panipat
Hi Raj,
I just wanted to know the conditions which mentioned in your bond.
There should a conditions to break the bond with options.
1 lac amount to paid or 3 months notice period like that. have they mentioned?
And apart from that, you have not even completed you training period. Fortunately you took quick decision before your training period completes. So take a photocopy of your contract bond and get suggestion with Lawyer as soon as possible.
14th September 2013 From India, Madras
Thanks for your reply Gupta. It's big hassle to get duplicate of all 10th, 12th, and MCA cert back. At first I believed there would be proper hike and good training as well. But only after I entered, I came to know all bad about this company. We're not rich to pay 1 lac rupees. Is it possible to move legally? If I complain to the police or to any layer, will they be able to get my certificates back?
14th September 2013 From India, Mumbai
Hello Bala
I've read the bond when I signed, it only contains the details about the company and how much they're paying for the govt. I didn't see any thing saying that I need to work their for 3yrs or I need to pay 1 lac like that. All those conditions were listed only on my offer letter. They said my notice period is 3 months. They didn't give a copy of the bond to me. If I ask for a copy, they're trying to avoid me.
14th September 2013 From India, Mumbai
Ok Raj,
You just talk with your HR or concerned person in a polite way that you need to break the bond, but you can not afford to pay and ask for other source. If they still avoiding you, write a request letter and submit to them. If they reject, tell them, you will be going to the Regional Labour Office to solve your problem.
One more thing, have they mentioned in the bond that they have also taken all your original certificates??? Or Have you got any acknowledgement from them for that??
14th September 2013 From India, Madras
Dear Raj,
Act as suggested by Ms Bala and file complaint with Labour Officer of your area for unfair labour practice while explaining your position. You will surely get help of the department to come out of this problem.
OK
V K Gupta
14th September 2013 From India, Panipat
Dear Prashant,
People are signing those kind of agreement just because of their family situation. Where family financial situations are bad, when they have heart full of burden, their brain will not work in those type of situation.
Already he is suffering, why we have to give much pain by asking... why you signed?? why you asking help from us?? .. In stead ignore his thread. That would be better.
Thanks for understanding!!! Have a wonderful day!! :)
14th September 2013 From India, Madras
Hello Bala,
I already talked to them politely. That was the first step I took. But they're stubborn in saying their policy. They said, as per our policy, you need to pay either 1 lac or you need to work for 3 yrs. There were nothing mentioned in the bond about taking my certificates. They only gave an acknowledgement letter saying that these are the certificate we have. Like you said, if I go to Regional Labour Office and file a case, will that affect my career? Like if I move on to the other company or in Visa verification in the future? Just to know it.
Thanks for your help in advance.
14th September 2013 From India, Mumbai
As told by Mr. Gupta and Mr. Bala please approach the Local Labor Officer for unfair labor practice it is also advisable to approach a lawyer who can guide you legally to come out of this situation.
As such no company can pay you less than minimum wages, and legally no one can compel you to pay 1 Lac rupees, at the most they can recover the training cost.
By sending a legal notice (with due consultation of the Lawyer) they will handover the original certificates. Be patience and do not get disheartened
14th September 2013 From India, Ahmadabad
Dear Raj,
It will not affect your career. Labour department is there to protect employees from your type of companies.
You no need to go Labour office, you just tell your HR that you have no other way to solve your issue, so your going go labour office. Surely they will afraid, and try to solve your issues.
Still If they are stubborn, take all your offer and appointment letter along with a complaint letter and meet the area labour officer and get solution for your problem.
14th September 2013 From India, Madras
OK. Thank you so much to all of you for taking time to give a solution. I was really afraid. But for now I got a path to solve this. I personally thank to Bala. Thanks to all once again...
14th September 2013 From India, Mumbai
Raj,
I'm damn sure, 99% your problem will get solved. (Except the possibility of 1%).
If you don't get your problem solved still, come back to us. Will give you a solution for that 1% too.
Do not afraid! Problems are arising with solutions. None in this world is going to exist permanently, we all are going to disappear one day. This (jalebi) problem, how long it is going to exist. This problem raised just to wake you up from your sleep. Try to be alert!! This problem giving you a good experience for your future work career. that's it!! Nothing much!!
14th September 2013 From India, Madras
Hello Bala,
Yes, you're right. Thanks for your motivation. I've really learnt a lesson from this. Getting into an IT Job as a fresher is so difficult now a days. There is no much openings for freshers now a days. I'm 2012 passed out, I really took hard time to find an opening in development part. Suddenly when I got this job, I gone mad and agreed to all what they said. I'll seek help from regional labour office with full trust. You're so kind. Thank you very much.
14th September 2013 From India, Mumbai
Raj
You have already put your head in the Guilletine.You have joined a Co who has no regard for law or humane .
These breed of Cos, especially The foreign ones think that indian laws are not applicable to them.Will they allow us to run a Co in their country without obeying thir laws.
Varghese Mathew
14th September 2013 From India, Thiruvananthapuram
Hello,
I have seen this type of problem in my career, whereas I have a way to move you away from this situation, but in future you can't join the same company again...
You just have to make a bad impression towards company, such as uninformed leave, regular late going, frequent breaks breaking rules of company.
I know this way is not allowed but they have your documents so this is the best way to get terminated, when company take such decision they can't hold your bond anymore.
Going to police or lawyer surely not help you it will be a long hectic process..
~Dear seniors, please pardon me for showing wrong way!!!
But this will work for sure..
God Bless you.
Best Regards,
Bhaskar Dasgupta
16th September 2013 From India, Vadodara
Hi,

I do agree that companies have right to sue against their ex-employees for violation of contracts. But as per the recent judgments by SC and various High Courts nowadays bonds are not valid in India.

In India Bond is illegal w.r.t employment since 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 it 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 Supremes Court also has stated that the employer cannot 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 or face the risk of Exemplary Damages, as the company is not an actual living entity but only a 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.

There is nothing harm to fight for justice.

All the best for your future.

Thanks

Karthi
16th September 2013 From India, Hyderabad
Hi Raj
I hope your problem is sorted out.
I am curious about this .. are you the ONLY one facing this issue ? If not, would the others join hands with you and support you ?
Also, maybe better to approach the RLO informally first to know what view they take of whatever contracts you have signed to and their legal validity...unless the Company is really small, they could have also done due diligence....
16th September 2013 From United States, New York
You are quoting rules and sections out of context and some that do not exist.
In the process you are confusing people.
Do your self a favour and read the bonded labour law. It has nothing to do worth bonds of the type we are talking of.
Bond asking a person to work for a certain period in exchange for training is valid. Further, the amount is generally related to training costs. The training needs to be for work and not personal grooming.
Stop misleading people

17th September 2013 From India, Mumbai
Hi Bhaskar,
This will work for sure!
If the Labour office dint work, My final suggestion (1%) to Mr. Raj would be what you have suggested.
- Regular late coming
- Making shitty software..with bugs
etc
Even though people are not intended to do all that, such type of companies making people to do so.There is nothing wrong! Above is the final way to relieve from those slavery kinda companies.


17th September 2013 From India, Madras
It's not only me who've been trapped. As Bhaskar said, even if I do misleading things, they'll not terminate me. Instead, they'll not put any hike. The salary of 4k will remain same for entire 3 yrs. In worst case scenario, if they terminate also, they wont return my certificates back. Can some one plz let me know the address of Regional Labor Office in Chennai?
17th September 2013 From India, Mumbai
#Anonymous
Dear Raj
Pls find below the link
CHENNAI <link updated to site home>
18th September 2013 From India, Madras
for taking out your dues legal action approach court of law.
18th September 2013 From India, Mumbai
Mr. Raj !
Go ahead with the suggations of previous colleagues file complain in front of labour officer. May god bless you. this will not affect your career as you are defending your self and torturing any company.
Regads,
Manoj Chaudhari
22nd September 2013 From India, Mumbai
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