Kishorkulkarni
Law Practice
Kritarth Consulting
Posh Programs; Hr Management Consultants
Aussiejohn
Workplace Assessment And Training
Shah01ankita
Talent Acquisition / Consultant - Catalis
Couvery
Consultant
+2 Others

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on 01 june 2013 i joined as a trainee in a pvt ltd company with a stamped bond of 2 year, in which 6 months training is included. i submitted my documents in original for verification. now i want to leave the company bcz of 3 reasons...
(i) salary is not paid on time either month
(ii) working hours are not fix
(iii) no training in last 4 months
but, now boss is not returning my documents. how can i get my documents. although he has given me "warning letter". can i leave company without paying anything.
regards
rajeev

From India, Jaipur
Hello Rajeev.

Are you not aware that no employer can be holding any document of any employee in India?

Many gulf countries have these practice but India bans such practice.

According to Constitution of India, every Indian has a right to work for who ever he wishes. There is employment-at-free-will policy in India.

So basically they can't force you to stay by holding your documents.

In many similar cases, people were advised to report the practice to the nearby police station (the office's area / HOD must be in the administration of the police station where you launch complaint)

As far as bond is considered,

Again the viability of the bond depends on the legal terms used and how it is framed.

What clauses have been stated in the bond?

If you leave the company before 2 years, what are you to pay them?

If they terminate you in before 2 years, how would they compensate you.

What is the separation policy of your company?

There are various factors to this subject. Please share details.

For further learning, you can also read -

https://www.citehr.com/30808-bond-le...-breaking.html

From India, Mumbai
Any bond that forces you to work for a particular employer is not legal. Keeping documents of an employee and not giving back after verification and forcing employee to work for them to get back their document is totally illegal in India. You can complaint regarding to the labour officer of that area.
From India, Lucknow
Thanks shah01akanksha n couvery
Some points of my bond
(i) I will be under training for 1 year (from 01/06/2013) with emolument 5,000per month, thereafter 6 months probation period
(ii) Main clause “ DURING THE SERVICE PERIOD THE EMPLOY WILL NOT ALLOW LEAVING THE COMPNAY FOR FIRST 2 YEARS FROM HIS JOINING. IF HE DOES SO, HE WILL HAVE TO PAY 6 MONTHS SALARY BASED ON LAST PAID SALARY, ALONG WITH COST OF TRAINING Rs.60,000 TO COMPANY.
(iii) Company can terminate me at any time without prior notification.
However, company didn’t provide me any training yet.
Plz help , how can I regain my original documents ?
thanks

From India, Jaipur
You bond is one sided bond is ideally is not viable...

A company that asks the employee to pay 6 month's salary if he breaks the bond but they can terminate any time even without notice is not acceptable.

You can give the notice and resign by giving a last day to work. There is no need to pay the breakage charge.

If you have proofs to state you have not been provided training, you won't have to pay training cost quoted by them as well...

However the twist in the case is they have your original documents which they may not hand over... Hence I told you you need to be firm. If they don't, you have a right to file a report against this practice.

Act wisely, and next time do not join an organization which asks for submission of your documents.

If you are to sign a bond, please read the bond, understand the consequences, asks for all the doubts, take your time to sign it.... Most of the people are so desperate in their job change or whatever, they forget to think before they sign the bond.... Avoid simple mistakes in life to avoid complex situations ahead.

From India, Mumbai
Dear Rajeev

Your Query: Can the Employer retain your Original Certificates & Testimonials & Not Return ?

Position: The Original Certificates & Testimonials must be returned as soon as the Pre-Employment Verification/ Scrutiny is done. Write an Application addressed to the Appointing Authority stating the Facts of the Case & Listing the Original C & T submitted & received on his behalf and request him / her to return them intact on receipt of your Application failing which you will initiate necessary remedial action including Legal to retrieve your Certificates & Testimonials. Send this Application by Registered Post Acknowledgement Due. Preserve the A D Card. Write to them that you would receive your Original C & T personally after examining and being satisfied that they have not been tampered with in any manner

The said Act on the part of the Employer amount to “Harassment” and violation of your Fundamental Right to Life with Dignity and is a cognizable offence under I P C.

If you do not get intimation of Date & Time when you can collect the C & T, use RTI Provisions by applying to the Labor Commissioner or the Authority under Shops & Establishment Act & State Rules whether they have issued any Directive that C & T can be retained forever and Not Returned to the “Owner”.

Kritarth Consulting Pvt Ltd www.

12-10-13

From India, Delhi
Why do people continue to hand over original certificates?
It is surely possible now to get colour photocopies and have them certified as true copies by a notary.
Tell them the orginals are stored safely in bank safety deposit and that is where they are staying.

From Australia, Melbourne
The discussion has 2 aspects. First, What can be best done when documents are not returned by the employer and Second, what can be done of the Service Bond which has been signed promising something. In all the queries, none has specified his education, past experience and the type of industry where he is working.

1. Now, let us deal with the first one: unduly retaining the original documents by the employer can be termed as unlawful and unethical also. When the checking is done, the documents are required to be returned immediately. There is no necessity to hold them. Unless, something is doubtful or suspicious. Making any complaint to the police station of the area concerned may not help or work always. It is always better to insist for the return of documents when checking is done. As we can see, for opening of a bank account, the originals are immediately compared with a copy and are returned. There is no necessity for any candidate to submit original documents for a long time. Candidates, please do insist for the return of originals immediately.

2. When you are appointed as a trainee, a standard training program is necessary to be included in or attached to the bond. If instead of training, employer is utilizing you as an employee, then the purpose of bond gets changed. Obviously, the terms and conditions of bond become voidable at the option of you and not at the option of employer for the sole reason that the employer has been using you as an employee under the garb of training. In such a case, you do not have to worry for the bond.

From India, Kolhapur
Rajeev,
Though your suppose to obey the bond, the company has failed to fulfill the promise such as No training, delay in salary. Also if the company haven't stated in the bond to hold your certificates, then the company has offended. Dont worry. Gather evidence for the late payment of salary & for being ideal without training being provided. With the same, ask your lawyer to state to be very strict in legal notice, that to be given to the company along with a claim to compensate for mental agony due to underload work stress. Definately you will win, since recently i handle such cases for my client company.

From India, Chennai
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