Nashbramhall
Learning & Teaching Fellow (retired)
Sushilkluthra@gmail.com
Consultant In Legal Matters
123dk
Process Executive
+2 Others

Thread Started by #123dk

Hi, I have joined a pvt ltd company. At the time of joining they said their would be a hike after 6 months and they will be shifting me to software domain and they asked me to sign a bond. Till date my service has completed 15 months and their is no HIKE and Change in my domain. Presently I am working for healthcare in night shift the work is like DATA ENTRY JOB. I am a Technical guy but they are forcebly making me to do that Data Entry Work. I am not at all interested to do that work. I just want to Leave this dammm job but they are not relieving me and asking me to pay the bond amount.
1) They have not provided me any training at all. It's a damm DATA ENTRY JOB.
2) I am not at all interested to do this work.
3) Should I have to pay the bond amount if I leave them. I have given my notice period also and my salary is 9,000/- only
4) How can i get my PF money and my Experience Letter From the company.
Kindly Advice me on this.
My personal mail ID is 971karthick@gmail.com
24th May 2015 From India, Bangalore
What was written in offer letter about hike?
There is a breach of contract if they had made these promises.
They will not be able to enforce recovery of bond money since they have give you no training or adhered to their words while employing you.
They have misrepresented the nature of the job.(From what you are saying)
You can give notice and leave the organisation.
They can avoid giving you a relieving letter, but they cannot stop your PF.I am sure you must be knowing your PF A/c number and probably having PF statement.
You can think in terms of continuing the same PF a/c when you join some other company.
24th May 2015 From India, Pune
Nathrao has given you some sound advice. Please let us know what you mean by "I am a technical guy"? I wonder why you continued to work there for 15 months, when they did not adhere to the promise made about hike in pay and the nature of the job?
24th May 2015 From United Kingdom
Having giving resignation and served notice period and above all no liability of bond amount appears as no training expenses seems to have been incurred by employer, thus you are deemed to have been relieved as no one can be kept as a bonded labour. Only reasonable expenses proportionate to expenses on training etc incurred is only recoverable out of bond agreement through court. In the instant case if the employer had committed to give other nature of duties and hike but later on backed out, is a case of breach of contract on the part of employer and thus employee can revoke it without any liability. Relieving letter can be obtained through interim mandatory injunction through civil court where extent of bond liability or its validity will be determined.In any case relieving letter subject to payment of bond liability has to be issued by employer. The effect of conditional relieving letter is determination of contract but liability of damages, if any, is still recoverable thereafter. The employer should update his register of employees etc by issuing even conditional relieving order.

Thanks

Sushil
24th May 2015 From India, New Delhi
Hi,

Arrange a meeting with your HR. discuss all above points & your greviences. Indicate your disappointment & efforts taken to stay with the organisation. But also indicate your intentions/fredom to leave if the promisesare not fulfilled.

Indicate non-provision of trainings & clear that the bond is only an mutual agreement between you two parties & holds no value in terms of local laws. If compnay does not respect their terms, then there will not exist any further mutual agreement.

Prepare the detailed minutes for this meeting as you discuss, & circulate the copy of it to HR & your immediate management formally (Through e-mail).

Ask the HR to sign it & send back. If they refuse you can escalate this to higher management, & still use this unsigned copy for further reference of the discussion. If HR denies for your minutes, then they would be obliged to provide their copy of minutes for your record.

Do your actions intentionally & calmly. Do not give company a chance to take disclipinery action against you in terms of termination.

If this does not work, then labour courts are there to take matters further, as suggested by other experienced menbers above.

Best Regards,

Amod Bobade.
27th May 2015
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