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Hi All HR Professionals and labor law exoerts,

I need your guidance urgently.

My fiancee works in an organization where she was asked to sign a service bond of one year during the time of joining. The bond amount was Rs.50,000/- if she quits the organization within one year. The organization didn’t provided any copy of the agreement letter and just a one page joining letter stating total annual salary and some terms and condition. Also she was not provided time to study the agreement letter and asked to sign in immediately. Also they have kept her Final year Graduation mark sheet. Now the organization has asked her to work on lesser salary because as per the organization head/owner her performance is not as per their expectation. She has denied working on less salary. In that case the organization is asking to end the agreement and to pay the bond amount. Its written in the one page joining document” if any time in the opinion of the management you are found guilty of dishonesty, negligence or indiscipline or of violation of any terms and condition your employment stand terminated without any notice period.”

I want to know does during the bond period does the employer can decrease the monthly salary amount and can force to work at less salary.

Please let me know whether she needs to pay any amount if she doesn’t want to continue to work at less pay? She has completed 6 months in the organization, does she needs to pay full amount (Rs. 50,000/- total) or a part of it. Also please let me know if the organization terminate the agreement and will they provide termination letter or resignation letter? As per my understanding termination letter will spoil her career.

Also want to know whether she can claim for salary slip and relieving letter from the organization or not in case she leaves the organization?

Also want to know whether if she gives resignation on below ground whether she needs to pay any bond amount? The reasons are-

• The organization doesn’t provide salary on time. (After 10th of every month and that too also in installment like 5000 on 12th, 6000 on 20th and rest on later time dates are just for the purpose of explaining). Salary is provided in cash.

• Salary slip is not provided by the employer.

• Salary gets deducted if one takes leave on personal/sick reason.

• No proper visibility of rights at work place. Situation is like working like a daily wage labor. People are asked to work on national holidays and scheduled holidays

• People are asked to work beyond office hours. (10+hous of Job, extending to 11 hours)

• She is asked to work on all Saturdays, while other employees get 1st and 3rd Saturday off.

• Mentally harassing by pointing on performance everyday.

• No proper environment for girls to work there. Both male and female employees uses the same washrooms.

There is no HR people in the company. Its a small company with 10-15 people working there.

The employer/owner has said that he will provide his final decision on Monday. I personally don’t want her to work there anymore now because of the above stated condition.

Please help me with your guidance.

Can anyone please provide his personal number so that I/My fiancée can contact him/her to get his/her valuable guidance.
19th January 2014 From India, New Delhi
#Anonymous
Hi All HR Professionals Seniors and labor law experts,

I need your guidance urgently.

My fiancee works in an organization where she was asked to sign a service bond of one year during the time of joining. The bond amount was Rs.50,000/- if she quits the organization within one year. The organization didn’t provided any copy of the agreement letter and just a one page joining letter stating total annual salary and some terms and condition. Also she was not provided time to study the agreement letter and asked to sign in immediately. Also they have kept her Final year Graduation mark sheet. Now the organization has asked her to work on lesser salary because as per the organization head/owner her performance is not as per their expectation. She has denied working on less salary. In that case the organization is asking to end the agreement and to pay the bond amount. Its written in the one page joining document” if any time in the opinion of the management you are found guilty of dishonesty, negligence or indiscipline or of violation of any terms and condition your employment stand terminated without any notice period.”

I want to know does during the bond period does the employer can decrease the monthly salary amount and can force to work at less salary.

Please let me know whether she needs to pay any amount if she doesn’t want to continue to work at less pay? She has completed 6 months in the organization, does she needs to pay full amount (Rs. 50,000/- total) or a part of it. Also please let me know if the organization terminate the agreement and will they provide termination letter or resignation letter? As per my understanding termination letter will spoil her career.

Also want to know whether she can claim for salary slip and relieving letter from the organization or not in case she leaves the organization?

Also want to know whether if she gives resignation on below ground whether she needs to pay any bond amount? The reasons are-

• The organization doesn’t provide salary on time. (After 10th of every month and that too also in installment like 5000 on 12th, 6000 on 20th and rest on later time dates are just for the purpose of explaining). Salary is provided in cash.

• Salary slip is not provided by the employer.

• Salary gets deducted if one takes leave on personal/sick reason.

• No proper visibility of rights at work place. Situation is like working like a daily wage labor. People are asked to work on national holidays and scheduled holidays

• People are asked to work beyond office hours. (10+hous of Job, extending to 11 hours)

• She is asked to work on all Saturdays, while other employees get 1st and 3rd Saturday off.

• Mentally harassing by pointing on performance everyday.

• No proper environment for girls to work there. Both male and female employees uses the same washrooms.

There is no HR people in the company. Its a small company with 10-15 people working there.

The employer/owner has said that he will provide his final decision on Monday. I personally don’t want her to work there anymore now because of the above stated condition.

Please help me with your guidance.

Can anyone please provide his personal number so that I/My fiancée can contact him/her to get his/her valuable guidance.
19th January 2014 From India, New Delhi
Hi Surajbhu,
1) Employer can not compel her to work on lesser salary unless the low performance proved by the employer.
As she has completed 10 months advise you to let her complete 02 more months peacefully & chage the job.
If others are enjoying 01st & 03rd Saturday then why only she is been targeted?

19th January 2014 From India, Pune
Hi Prashant,
Thanks for the advice.
Actually
she has got campus placement and for the first 6 months 17th Jan'13-16thJul'13 she worked as a trainee and was paid 5000 Rs. per month.
From Jul'13 she became full time employee and agreement was signed at that time. So she needs to work till Jun'13 so as to complete the service agreement period.
In her joining letter its written there will be review after every six months. only if the managements wishes for the same.
Please revert.
Can I call you personally to detail the condition.
19th January 2014 From India, New Delhi
Also please guide how the bond amount will be settled. She has not got any salary slip till now for last six months instead of asking it every week at once.
19th January 2014 From India, New Delhi
Dear ,
Please convince the employer amicabally. That she wants to leave organization peacefully & please provide experience certificate & nessary documents at the time of exit.
I am sure this will work. Else always there are labour authorities whose help we can take.

19th January 2014 From India, Pune
Hi buddy,
I will say, Let her complete one year, after that look for a good job and quit that company. Because they have her certificate therefore don't make take any legal action. Just learn the lesson - Never sign blindly on any agreement and don't submit your original document anywhere. Pay them 50,000 as trainee.... that all:-) Have a good day
20th January 2014 From India, Bangalore
Hi Surajbhu,

As every one has suggested, let her complete a year in that company and leave amicablly, As you have mentioned rightly, it is also torture working under such situation. I would suggest few things :

a) Let her carry a small diary with her to office and what ever bad treat ment has been emitted to her, let her maintain logs of it. Say today when she goes to office, her senior comes to her and mentally harrasses her of her performance. let her jot down on her note book ( obviously when no one is around) with date and all details .. Let her continue to do so.

b) Secondly, tell her to take leaves in between under pretext of being unwell / medical. so the number of days she has to face the people is are few. let her keep on complaining that she is unwell and regularly take offs, then when once her bond period is completed, let her take medical certificate fromt he doctor which demands that she has to be at home for 2 - 3 months and cant do any kind of job, and let her resignation on that grounds, so that on that pretext she will get her certificates and etc.

c) If possible, let her approach d authourities to give an salary cum employment certificate for loan purpose, that will serve as experience cerftificate for her , in case her current employer refuses to give.

d) Most important thing, dont panic and react, let her be brave, if they keep on forcing for lower salary, ask her to tell them to be considerate as she is financial problem and if they reduce it it will be big burden, and if possible to keep on the same will be kind enough of the employer part. See, these people are to be conquered emotionally , and if they force her, tell her to continously nag her senior softly and keep on telling that she has great financial problem and lower salary is very difficult for her, see, she has to at times nag in such way that the opposite person gets fed up..

Tell her to face them bravely. After all all these lessons learnt will make her strong and wise. All the best.
21st January 2014 From India, Mumbai
Dear Member
Suggestions of other members are already available to you. Would like to suggest a totally different approach :-
1. Ask her to first recover her mark sheet and other original documents as soon as possible. Alternatively ask her to apply for a duplicate mark sheet with her institute, which should be fast enough as the period is not too old.
2. Approach the authorities with a written request for salary slips.
3. File a case of Sexual Harassment against the Top boss of the organisation. (based on the biased approach of the management towards her for asking her to work on Saturdays where as all others are on a holiday)
4. Once the case is on, propose resignation as an out of inquiry settlement with a condition that all the documents like relieving letter , payment upto the last day of working, payslips and any other supporting that are required for her future use are handed over to her immediately on the date of resignation.
Regards
Preetam Deshpande
21st January 2014 From India, Mumbai
This is pure harassment. I am also an employer, and so can surely tell you that your worries will not be over even after completion of 1 year. They will find 'n' no of ways to take this forward.

Thought Preetam's solution seems a little unusual, but the only way is Tit-for-Tat. But don't threaten and make them alert.

IF needed Co-operate in salary reduction, without signing any document. If they ask so, they should also sign the document in duplicate.

Build your case first by creating proofs for things. Let thing get documented. Whatever communication she is doing, let it be over mail, even for asking for a salary slip. Use personal mail for this, as you may not have access to company mail in future.

Find out if they are showing you as an employee, on their books. You may ask for professional tax receipt.

You may not even have a proof that she is working there. Have they given Form 61 or similar things? Does Salary transfer happen through bank?

And if nothing moves, for a lady harassment charges are an ultimate weapon.

And in all cases, ensure that this matter is well publicised. Her institute and future employees should know about all this. For a company image does matter.


21st January 2014 From India, Pune
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