Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional

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Anonymous
I signed an employment agreement to serve the company for 3 years in July,2017 if not fulfilled then i have to pay 2 lakhs. They didn't invest a single penny on my training and i started working for them from the very first day. So, i resigned before completion of 3 yrs due to poor work and no opportunities of growth. My resignation was accepted and i served notice period of 90 days. I got my resignation acceptance letter after following up with them for 15 days after my last working day. Now, they have sent me FFS

and asking me to pay the 2 lakhs bond amount but there were only 3 months left in completion of 3 yrs. I have asked senior Hr to intervene in this matter, and release my documents within 15 days otherwise i've to go to the labour court, but there is no reply from their end. Throughout my employment they gave us very less salary as compared to industry. For the first 2 years they didn't gave me any appraisal. And work pressure was huge even though quality of work was not there. And my last working day was on 3rd April and due to lockdown, as office was closed and all were allowed to work from home, i also didn't went to office after 20 march, so we get our salary of march, now they are asking for recovery of salary that they gave me during lockdown. Someone please tell me how to deal with this situation as i want all my documents i've to submit to the current organisation.

From India, Delhi
Such agreements by its very nature re invalid.
As per you know training or special classes etc were conducted.
What is your appointment in the company?
Probably you need to consult a labour advocate who can help you draft out a proper letter and approach labour office ,if entitled to sort your problem.

From India, Pune
Anonymous
I was appointed as software engineer, and no special trainings were conducted. Only 2-3 days of induction was there. After that, i started working as i was already having skills of technology for which i was recruited. My project was in java technology, i was hired for the same by taking a 4-5 rounds of interview where more than 300 candidates appeared for the weekend drive.
From India, Delhi
Anonymous
And that agreement was on a non-judicial stamp paper. Does that stand in court of law?
From India, Delhi
Agreement being done on stamp paper is ok.But the contents should be in accordance with law.
Bonded labour is abolished in India.
If they trained you and spent money on training for you,then can be justified in keeping a time where they can recover the cost incurred in training by your output.
The agreement will not stand in a court of law.

From India, Pune
Anonymous
I have requested their Senior Hr Managers also, but they are not responding. I need my documents within 15 days if not then i may lost my current job also. If i go to the labour court then how much it will take to get my documents? Thanks for your valuable inputs sir.
From India, Delhi
Labour court may not be the place to go as you ate not a worker. Concult a local lawyer and take action
From India, Pune
Anonymous
But, I was an employee and my dues are not payed by them, and documents are not released by them, then I should go in labour court, I think. I'll consult with a lawyer definitely. Thanks for your suggestions.
From India, Delhi
Dear friend,

As far as I am able to understand after reading your successive posts, there are only two issues to be resolved in your case. One is a formal relieving orders to be issued by the former employer pursuant to the acceptance of your resignation and completion of the entire notice period so as to facilitate your employment elsewhere and the other is preventing the former employer from recovering the bond amount from you. It can be presumed from your posts that no salary was withheld as collateral to the release of relieving letter. Therefore, in the first place, I don't think that the Labor Court is competent to grant you any relief in these issues though you were employed in the "workman" category under the Industrial Disputes Act,1947.

Secondly, you have not mentioned what all the documents you require from the employer - is it merely relieving letter and/or experience certificate or your original academic credentials,if any submitted at the time of appointment? In any case, the employer's refusal to do so is only sequel to their insistence on your satisfying the employment bond for which they may or may not institute any recovery proceedings according to Law. About the bond's enforceability, I fully agree with Mr.Nathrao.
Therefore it is better to issue a notice through a Lawyer refuting the claim of the employer to pay the bond amount. As per order no.16 of the Model Standing Orders prescribed under the Industrial Employment ( Standing Orders ) Central Rules,1946 in its Schedule I, every employer is bound to issue a Service Certificate at the time of termination of service.

From India, Salem
Anonymous
Sir, I require my experience certificate from the employer, except from that they are asking for 11 days(21 Mar - 31 Mar) salary back which they paid me with salary of march,Though my last working day was 3rd April but i didn't go to office after 20 Mar, 2020 due to Covid-19 after taking approval from HR. And i was not terminated by them but i resigned voluntarily.
From India, Delhi

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