Rdsyadav
Educator, Management Consultant & Trainer
+2 Others

Thread Started by #SSRH

1. An organisation is following EPF Act 1925 not EPF and MF Act 1952, can it not provide fro employers share of Provident fund on pretext of non completion of five years of continuous service to the organisation?

2. When an employer is advertising for employment and is asking for an agreement and indemnity bond for serving minimum three years after training at some designated institutes, then can they additionally get signed a service bond? if during these three years if an employee resigns after one year then is he to pay for full bond amount or proportionate reduction should be given in lieu of one year of service?

3.If the training as designated in bond is not provided, then is the agreement valid? Also during resignation is employee liable to clear three months notice period pay although same is not enshrined in the bond?

4. Can double penalty like bond (in full) be recovered neglecting actual time length of service given and additionally though nothing is mentioned regarding service notice period, the same is added to the matter on resignation and double penalty imposed?

Sandipan Hore
28th June 2015 From India, Kolkata
1. PF has to be covered from day one and no question of five years of service 2. for bond related issues I leave our august members to share their views.
29th June 2015 From India, New Delhi
""If the training as designated in bond is not provided, then is the agreement valid?""
Most companies when they provide training seek protection by entering into a bond for reimbursement if certain events take place.
You need to clarify whether training shown in bond and actual training was different-nature,institution,duration of training-
""Also during resignation is employee liable to clear three months notice period pay although same is not enshrined in the bond?""
What does your appointment order speak about notice period,payment in lieu of notice etc?
No double penalty can be imposed.
Assessed reasonable costs only can be recovered from employee for breaking the bond.
30th June 2015 From India, Pune
If you are agreeing to register as an apprentice under Apprenticeship Act , PF is not applicable. Some companies do extend PF cover to the Apprentices as well, it should be welcome. Agreement/ Contract alongwith App-4 is also for one year which is not terminable simply by resignation.The employer is free to recover the actual training cost as breach of contract if one leaves the period of apprenticeship thus agreed.
Regds,
RDS Yadav
Management Adviser and Trainer
Director-Future Institute of Management and Technolgy
10th July 2015 From India, Delhi
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