Business Mentor, Consultant And Trainer
Senior Services Manager
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Labour Law Advocate
Retired From Air India
Those who work in legal firm should have known that their employers may not be that law abiding however, they would ask for evidence of whatever you say. Therefore, you could have been thoughtful while telling lie of the sickness of the grandmother. In fact "sickness of grandmother" is such a overused lie in India that it has lost its utility altogether. Employers take this ground for leave with pinch of salt.
Now there are few options for you. These are as below:
a) Would you like to continue employment in this company? If yes, then talk with HR and ask for continuation notwithstanding the absence in between. Even if you continue, then please note that your relations are muddled and you could find difficulty in maintaining old relations.
b) If you would not like to continue then you may go and approach the Labour Officer (LO) for withholding the salary. Find out whether the LO solves your problem. Many employers mellow down in front of LO. However, your employers know a bit of law therefore, he could be intractable.
c) Last option is giving up employment and giving up the salary also. Let employer withdraw notice for bond money. There is no point in asking for employment certificate for just 1.5 months. It carries no value while applying for future jobs.
Weigh the options and find out Which is suitable one.
11th September 2016 From India, Bangalore
Thank you for your valuable advice. I would happily go with option C. After few email follow ups they asked me to come back with proofs and join the company ( this is after they fired me and when I asked them to release my salary) too which I never replied. Now they are threatening me to pay the bond money, even though my grandma was not ill but I was ( facial paralysis- true story, I've documents to prove it). Now I've two queries:
1. Till date the company has not given me appointment letter and my salary (except for two days). Does the agreement still hold?? I mean they themselves have breached the contract first and ask me to leave. Doesn't it make me a victim over here? Under the given circumstance can they still file a legal competition against me?
2. In future If I get selected into any PSUs ( a central government organization ) then will this legal competition filed against me would create any problems?
Thanking you in advance!!
11th September 2016 From India, Kota
You say that the company has not given you any appointment letter till date.Where is the contract then ? How are they asking for Rs1.50,000/- (bond money) ? I don't think they have any right to do so.Hence as Dineshji has rightly suggested and you have rightly chosen the third option , stick to it.Even if the employer is calling you back I feel there is no future in this job.This 'job experience' would have no effect whatsoever on your future prospects of working in a PSU.I can say this from my own experience.
11th September 2016 From India, New Delhi
Bonds are generally illegal in India for the purpose of binding the employee. However, without seeing the actual content of the bond, it is difficult to advice. Since the employer has asked you to pay the bond amount, it is very necessary to give a proper reply (help of lawyer would help) deny the grounds.
11th September 2016 From India, Kolkata
11th September 2016 From India, Chennai
A company which doesn't give any Appointment Order can't be expected to be an unscrupulous company. Moreover, this is proved by the fact that that, yet they managed to take a bond from an employee.
Threatening an employee who has earlier been already terminated wrongly, again shows that there is no end to the extreme that this company can go. To top it, they have not even given salary to the employee.
I think such matters should be highlighted and brought to the notice of Labour Courts.
12th September 2016 From India, Delhi
13th September 2016 From India, Ahmadabad
So isn't there any way out. Is it possible that my employer is just THREATENING me, aren't bond illegal in India as these promote forced labour?
Moreover, I wasn't paid for my work , how can a company expect its employees to work without payment. Under given circumstances do you still think that they can file a legal competition against me? Do they have any solid grounds to do the same?
And the training which they provided was to just learn some FAQs by heart ( that is what I did in my training ) which client usually asks and is honestly worth not more than a penny.
Even I don't want to file a legal case and get into any troubles, Even I don't need my salary , all I need is a termination certificated so that they can no longer threaten me for bond money. Can anybody please help me. My lawyer is insisting on giving a legal notice but I don't want it as I've already wasted enough money by joining this company :(
Please reply I want to avoid all legal proceeding and can I use some political or police help to suppress the matter?
15th September 2016 From India, Kota