Madhu.T.K
Industrial Relations And Labour Laws
Kumar 252
Software

Dear Team,
I am writing this on behalf of my brother, he posted earlier also same query but he could not explain his problem properly due to language issues.
My brother has joined in a small IT company almost 1 year 9 months ago. During the joining employer told bond for 2 years, submit original certificates and told notice period is 3 months. So during joining submitted originals but no bond is signed.
After joined, they started torturing him like no salary hikes, no weekend holidays, pushing him to give outcome in lesser time etc. Initially employer promised him that appraisal will be given after probation period which is 6 months. So, after 6 months he approached management about salary hike, they skipped his request by saying they still have to check his performance. He waited for next 6 months again ( 1 year completed) but they did not hike salary, So he asked them politely but there was no change. So he just intimated them that, he could not continue to work because they failed give appraisal as they promised. Then they got alerted and compelled him to sign on bond. This bond signing on 20 rupees bond happened after 1 year of joining (this bond date is different from joining date, so he asked about it, then they told him to put joining date under his signature) . They have not given a copy of bond to him for reference. After this, they started stressing him a lot like he doesn't have any way. At last they gave very little amount as hike, which is not acceptable.
So he is planning to quit this job and get new job as soon as possible. Kindly give your great suggestions on the following queries.
1) Is this stated bond valid or invalid?, here company did not spend on any special training for him, they just gave him 1 month normal training and put him on work.
2) If the bond is valid, He finished already 1 year 9 months, can he serve 3 months notice DURING bond period? or should he serve AFTER bond period completion? In his offer letter its written about notice period like this " your service with the company is bounded by the employment agreement. The notice period required is 2 months written notice by the company and 3 months written notice by yourself (only applicable in the absence of the Employement agreement)".
3) If he submits resignation, will they issue him relieving and experience letter on time, if they don't what can I do to overcome this? according to his ex colleagues, management tries to retain employees in many ways like not issuing relieving on time, threatening employees, compelling to stay some more time after notice until work is finished, or even resignation submitted they never give confirmation, only they give it before 1 day of relieve if they don't confirm means employee has to work as they demanded. If any thing employee argue with them they say that they don't give certificates and relieving. if employee manage some how also, they only give relieving letter, no experience letter.
Kindly help him to come out of this trap.
Thank you
All these happen only where the employees are not organised. An employer is not expected to torture an employee like this. If he cannot give salary hike, don't give, but it should be done on a justified ground of poor performance. It is unfair as well as illegal to deny weekly off to an employee. You can ask an employee to come and work on a weekly off day, but it should not be a practice always.
Asking an employee to sign a bond is illegal. I am not questioning the legality of a stamp paper valued Rs 20, but even if it is of Rs 200, the same will have a value just equal to a paper worth 20 Ps.
Since Bond itself is illegal there is no question of serving the notice period during the bond period. He can submit the resignation now and serve the 3 months notice period and get relieved.
The clause regarding notice period that the the notice required to send an employee out is only 2 months and whereas from an employee side it is 3 months, again is an issue which should be questioned.
Collecting the original certificate of an employee is another illegality in the contract of employment. An employee has every right to decide where he should work. Compelling an employee to work with one employer is against the law.
An employer is bound to issue service certificates to employees when they leave. Though many states are yet to follow the same as a rule, Kerala has moved much ahead in this respect by amending the Kerala Shops and Commercial Establishments Act which provides that no employer should collect the original certificates of his employees, every employer should issue service certificates to his employees, etc.
My advise is that he should submit the resignation with a request to relieve him in 3 months from now and wait for the date. If he is not relieved approach the Labour Officer and simultaneously lodge an FIR against the employer for his act of collecting the certificates. Everything will go smooth then.
Thank You on your great advice, it's more helpful.
As per your suggestion submitted resignation notice. Now management is telling that 2 yrs bond time is not finished yet and you have to serve 3 months after 2 years completion. Still we have 1 month time to finish 2 yrs.
Convince the management and get out of it in an amicable manner. I don't think that an HR manager will be so cheap to retain an employee. At least he should also be an employee and being a person who face with such issues frequently, should be a member of this citeHr.com. Speak to him and take help of some others to convince the management. And in case he is not okay or is very adamant, come out of the office as suggested by me in the first paragraphs.
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