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rams313
Hi all, Thanks in Advance,
I have Problem with my new offer, Recently i got offer in Company A, and they made an service agreement with me for one year, i already signed with that. And also i have submitted my academic certificate and passport to them. Finally i joined in their company and went to office first day, they allotted me work other than my domain. so i strictly told them i didn't work for this domain then i want to resign for the first day only, but they wont accept it. but i want to re-leave from them there are so many problems with that management so i want to re-leave from them. they told that if ur not able to work with us u need to pay amount and also we won't return all your certificates and passport like this way they were talking what i have to do now, anybody can please let me know is there any way to escape from this situation with out paying amount, and also i need my certificates without facing any legal issues.please let me know ....

From India, undefined
nathrao
3131

First thing what domain did you want to work on?
What is written in your service agreement?
Was this made clear in your CV/Resume?
What is your Job Description?
It is very clear that employer has no legal right to with hold your educational certificates and passport.
Tell them you will be forced to file an FIR for retaining your documents and passport.
If you just spent one or two days in the company and want to leave, then cannot force you to pay any money.
The organization has to prove that they have to spend /spent time and money in training a person and therefore the retention for a defined period is in the interest of the company.Here in your case,you have hardly worked and they are putting you in different domain.
But you may have to take legal approach if they dont listen to your requirements and relieve you.

From India, Pune
rams313
Thank You Mr. NATHRAO, For Your valuable Suggestion.
Here when the time of interview they told that you have to work in Database side only, but in the first day only they assigned me front end work with out any db work, then immediately i rejecetd them and i strictly told them i don't want to work with you so i want to leave your company like wise, in CV total three projects i handled in previous completely in Database side only there no chance for Front end in my CV, i already enquire some employees there all the persons are working there only for they already gave an agreement cum bank Guarantee (Fixed Deposit of 70k) so they are working there, that too there is so much harassment for employees any issue regarding one client only one person have to respond either in back end or front end or any client issues all are maintained by one person only thats why i want to re-leave from them.

From India, undefined
nathrao
3131

You dont have to pay any amount to them.
If they do not return your documents,go to labour officer and give written complaint or eve warn the company that you will lodge an FIR against them for illegally holding on to your property i.e educational certificates and passport.
They will definitely return the documents to you.

From India, Pune
rams313
Hi Mr. Nath Rao, Thank You
I have some doubts here, I already send a mail to them as am not willing to continue with them, i stay there only one day they didn't gave any training to me, so i need not to pay any amount for them, and i asked them my certificates return back to me. Still they are not responding for my mail Now what i am asking you is is there any problem occurs if i approach labor officer for my certificates and passport why because i signed on agreement which is printed on 100/- Bond and 10/- Bonds and they mentioned in that if employee break the bond before the end time he has to pay 90k like this they prepared agreement. but i cant pay any amount to them as per my economical status, but i need my docs what i have to do now..? please tell me better way to get my certificates and passport.

From India, undefined
Ashwini Mhapankar
10

Dear RamS,
Bonds and service agreements are illegal in India. So you no need to worry much.
Send them a mail requesting to return your documents, and keep records of your mails and phone calls made to your company wait for few days. Else you can directly lodge a FIR against the company as keeping someones documents like this is Illegal. Also next time ask for Job Description on mail before joining any organisation so you will have proof to fight in such matters.
Good luck to you.

From India, Mumbai
rams313
Hi All Thanks for your valuable Suggestions,
Still they are not responding for my mails,
as i already told you i signed on agreement and all my academics and passport are hold by them. if i approach legally is there any problem for me..? , i dont know how they are respond for that, if they were also ready to face legal issues na what i have to do how can i face them , actually i stay there in that company only one day for the first day i left the company. and also what i am asking you is please give a best suggestion to get my documents back without paying money to them.. they are doing business like this with employees in previous so many guys are paid money to them for their docs... can you please give me any idea to get docs as early as possible, and also how to approach legally to get my docs...

From India, undefined
nathrao
3131

You dont want confrontation,but your rights are ebing denied.
The company does not have right to retain your passport or educational documents.
Write a firm but polite letter with bare facts of the case,incorporating these facts as below;
One day employment only,
Wrong domain and illegal demand of money based on a bond.
If no reply is received take it up legally or even lodge an FIR for illegal detention of educational documents/passport.
When you fight with your employer(justified though it may be) chances are that future employer may come to know about it during BGV.
This risk is to be taken as you cannot be deprived of your documents and passport.

From India, Pune
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