Apex Management
Labour Laws Consultants
Ashishshow
Legal Advisor Compliance And Benefit
Riteshmaity
Labour Law Advocate
Sangamsaga
Employed
+2 Others

Thread Started by #sangamsaga

After graduation, I wanted to go abroad for further studies but was not sure whether or not I will be accepted. So, as a safeguard, I joined a company. Now, I have been accepted into a university. The problem lies with the fact that my company has taken my original certificates.

Also, when we started working, on the second day of our work, they asked us to sign a document saying they needed some of our basic information. This part I agree was my fault that I did not read the entire document. It had a clause at the end written in an exceptionally small font that there was a contract for 6 months to 1 year. Now, there were three other people who signed that document and no one knew that they were signing up a contract, as they just said they needed our information and mentioned nothing about a contract. Also, this was when we started working and not when they actually offered the job.

Now I really want to pursue higher education but I am stuck. They are saying that they will not allow me to leave even after 6 months, though the contract says that the minimum period is 6 months.

Moreover, I asked them for a "leave clause" wherein I can pay a certain amount to break the contract, but they are not even accepting that. They are strictly saying that they will not let me go at any cost.

Is there anything that I can do?

Thanks.
4th August 2016 From United%20Kingdom, North%20Shields
Regarding the documents, it is absolutely illegal for a company to withhold original documents of an employee in order to bind him. The documents are your property and no one else can keep it in their possession unless permission to do so has been given by you. In this case, demand before the company to return all the documents and if required you can lodge a police complaint too.

Now regarding the bond, please note that bonded labour is illegal in India. No one can force you to remain in employment through bonds or agreements. Through these so called bonds/ agreements the company can only recover the actual cost of any training provided to you if you leave before the period but under no condition you can be forced to work. However, you are legally liable to serve the notice period or pay the equivalent amount thereof.

At this stage, you need to send them a resignation letter (preferably drafted by a lawyer) and wait for their reply. Verbal communications and refusals have no value.

Act wisely.
4th August 2016 From India, Kolkata
HI Friend,
you can meet with your embassy and ask for help they can help you. and about contract, there is not possible to read all terms and conditions of any company and other. so it's normal case that you have not read about his contact terms and conditions.
Thanks & Regards
5th August 2016 From India, Kolkata
Mr. Ritesh Maity has advised legally, but I have a slight variation since you want to go abroad for further studies, kindly sit with the senior management and work out the possibility of being relieved amicably, why because legal will take its own course of time which may delay your joining the foreign university. Be firm in what you say tell them that you can go legal which will a bitter taste. Hope that everything will be worked out, being professional at senior management level they will not spoil the career of anybody, hope that you get out of this problem very soon.
5th August 2016 From India, Ahmadabad
Unfortunately well educated new generation is also suffering from the old tactics and illegal labour practices in so called 21st century. As you know in earlier days, a loan lender put your thumb in his ledger and legal blank documents and fill the amount at later stage keeping in view of the story to be cooked to have possession on his land or other property.
No employer is having legal right to keep your original documents. He can ask for just verification of photostat documents. Secondly, as Mr. Ritesh Maity said these bonds and agreements do not stand anywhere and have no value in the Court of Law. The companies can recover the costs of any special training which they imparted.
Go ahead for the sake of your bright future, talk to seniors, try to amicably settle and finally approach the legal way.
P K Sharma
6th August 2016 From India, Delhi
Undoubtedly its a case of illegal and immoral conduct in workplace by the employer,no one has the right to keep us away from further education by keeping our asset i.e. our original documents, you should take help of a lawyer because if the conduct of employer is illegal then the agreement signed by you can not be treated like a legal document so you can be easily get rid of that problem by following some legal procedure.kindly do that.
17th August 2016 From India, Pune
this is the criminal conspiracy by the employer. he cant force you to work with his own rules and regulations, company rules are acceptable only when drafted as per law. you can easily write a resignation with saying actual condition and demand for your document than wait for revert. if they write the things that you have mentioned so that will be a evidence for you to show mentality of employer, than you can take a legal action about the employer. you need to take legal action against the company MD,and all the legal activist who can directly involve in the operations of company.
17th August 2016 From India, New Delhi
Hello,
Thanks for all your replies. My present scenario is this:
1) They are still not allowing me to go.
2) They are not ready to accept an equivalent amount since I am leaving early and breaking the contract.
3) I can get duplicates of most of my certificates, but they have my Passport too. I need to leave by next month and it will be really difficult to get a new passport. Also, I would have to report to the police that my current passport is lost, but this is not the case.
They are making things really difficult for me. I have been trying to talk to my seniors for over two weeks now but they are showing no interest. They are totally adamant on not letting me leave. Will taking a legal action now, at this junction, be the right step?
NOTE: I am an Indian citizen.
19th August 2016 From United%20Kingdom, North%20Shields
Enough advise is already given to you both from legal as well as administrative point of view. Kindly follow and resolve the issue.
19th August 2016 From India, Kolkata
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