Dinesh Divekar
Business Mentor, Consultant And Trainer
FredAnth
Senior Services Manager
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Riteshmaity
Labour Law Advocate
SAIBHAKTA
Retired From Air India
+1 Other

So I started working in a legal e- commerce company on 28th of May 2016. This small company provides with legal documentation and verification for startups( Pvt. \ LLP) in India. Within in the training period, I asked for a leave of 7 days ( on the grounds of the medical ailment of my grandmother which was a lie) and was granted one. But in the meanwhile, I got suffered from half facial paralysis ( not that severe). Upon joining back the office when they asked me to submit the medical proofs of my grandmother and me. I submitted all my medical documents ( doctors prescription and physiotherapy reciepts) minus my grandmother's. But the Director of the company believes that I'm coming up with just another story and he fired me, without even paying me for 1 month and 15 days. The c company didn't even bother giving me the termination letter ( which was the only thing I want). But when I asked them to release my due amount and service certificate ( one month and 17 days) in writing the HR emailed me that it is a case of absconding as I was never fired and now I've to pay the bond amount (1,50,000Rs ) otherwise the legal proceedings would be done against me.
Will I have to pay the bond money now?
Please help me as of what should I do and would it a problem for me if I wish to join a central government job in future.

P.S. They paid me for just two days ( 1561 Rs)

Thanking for your valuable advice in advance!
11th September 2016 From India, Kota
Dear Hardeep,

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.

Thanks,

Dinesh Divekar
11th September 2016 From India, Bangalore
Dear Sir,
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
Dear Hardeep,
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
They have not given me appointment letter but I was asked to sign a bond for one year :(
11th September 2016 From India, Kota
First, the termination seems to be illegal but even though you were in probation period. Even in case of such termination, the company has to follow the law and can no way deny your salary for the days on which you have actually worked. If you wish you can challenge such termination otherwise accept the resignation and look for better option.
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
It looks like a ploy by the management to get back at you. They fire you after you submit your medical records and then say that you are absconding because you ask them for your salary. No company according to the law can ask for bond money because any bond is not valid in the court of law. You can file a counter by meeting the labour commissioner in this context.
11th September 2016 From India, Chennai
I agree with the given observations.
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.
Warm regards.
12th September 2016 From India, Delhi
As per my view a company who is into ecommerce for providing legal documentation and startup verifications, must be aware of all the labor law consequences, as you have mentioned that you were under training and the bond you have signed, they will file a case for recovery of specialized training carried out by them by a third party for you, they can claim for, any expenditure spend on you for such training, to the best of my knowledge. As Mr. Ritesh Maity has rightly said it would be advisable to consult a lawyer to help you out. Furthermore please be advised that any legal proceeding will hamper your future recruitment/career.
13th September 2016 From India, Ahmadabad
Dear Sir,

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
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