Facing False Absconding Allegations: How Can I Resolve This and Protect My Future Career?

So I started working in a legal e-commerce company on the 28th of May 2016. This small company provides legal documentation and verification for startups (Pvt. / LLP) in India.

Within the training period, I asked for a 7-day leave (on the grounds of the medical ailment of my grandmother, which was a lie) and was granted one. However, in the meantime, I suffered from half facial paralysis (not that severe). Upon rejoining the office, when they asked me to submit the medical proofs of my grandmother and me, I submitted all my medical documents (doctor's prescription and physiotherapy receipts) except for my grandmother's. 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 company didn't even bother to give me the termination letter (which was the only thing I wanted). 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 have to pay the bond amount (1,50,000 Rs) otherwise legal proceedings would be initiated against me.

Will I have to pay the bond money now? Please help me with what I should do, and would it be a problem for me if I wish to join a central government job in the future.

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

Thank you for your valuable advice in advance!

Those who work in a legal firm should know that their employers may not always be law-abiding. However, they will ask for evidence of whatever you claim. Therefore, you should have been more thoughtful when lying about your grandmother's sickness. In fact, the "sickness of grandmother" excuse is so overused in India that it has lost its effectiveness. Employers often take this excuse for leave with skepticism.

Now, there are a few options for you:

a) Would you like to continue employment with this company? If yes, then talk with HR and ask for continuation despite the absence. Even if you continue, please note that your relationships are muddled, and you might find it difficult to maintain old connections.

b) If you would not like to continue, you may approach the Labour Officer (LO) to withhold the salary. Find out whether the LO can solve your problem. Many employers become more agreeable in front of the LO. However, your employers know some law, so they might be intractable.

c) The last option is to give up employment and forfeit the salary as well. Let the employer withdraw the notice for the bond money. There is no point in asking for an employment certificate for just 1.5 months. It carries no value when applying for future jobs.

Weigh the options and determine which one is the most suitable.

Thanks,

Dinesh Divekar

Thank you for your valuable advice. I would happily go with Option C. After a 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), to 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 have documents to prove it). Now I have two queries:

1. To date, the company has not given me an appointment letter and my salary (except for two days). Does the agreement still hold? I mean, they themselves have breached the contract first and asked me to leave. Doesn't it make me a victim here? Under the given circumstances, can they still file a legal complaint against me?

2. In the future, if I get selected into any PSUs (a central government organization), will this legal complaint filed against me create any problems?

Thanking you in advance!

You say that the company has not given you any appointment letter to date. Where is the contract then? How are they asking for Rs 1,50,000 (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.

Regards

They have not given me an appointment letter, but I was asked to sign a bond for one year :(

Illegal Termination and Salary Denial

First, the termination seems to be illegal even though you were in the probation period. In the case of such termination, the company has to follow the law and cannot 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 a better option.

Legality of Employment Bonds in India

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 advise. Since the employer has asked you to pay the bond amount, it is very necessary to give a proper reply (the help of a lawyer would be beneficial) and deny the grounds.

Regards

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 labor commissioner in this context.

I agree with the given observations. A company that doesn't provide an Appointment Order can't be expected to be a scrupulous company. Moreover, this is evidenced by the fact that they managed to obtain a bond from an employee. Threatening an employee who has already been wrongly terminated further demonstrates the extreme lengths this company is willing to go. To make matters worse, they have not even paid the employee's salary. I believe such issues should be highlighted and brought to the attention of the Labour Courts.

Warm regards.

Legal Consequences of Breaking a Training Bond

A company involved in e-commerce for providing legal documentation and startup verifications must be aware of all labor law consequences. As you mentioned that you were under training and signed a bond, they may file a case for the recovery of specialized training costs carried out by a third party for you. They can claim any expenditure spent on 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 may hamper your future recruitment or career.

Regards

Isn't there any way out? Is it possible that my employer is just threatening me? Aren't bonds illegal in India as they promote forced labor?

Moreover, I wasn't paid for my work. How can a company expect its employees to work without payment? Under the given circumstances, do you still think they can file a legal complaint against me? Do they have any solid grounds to do the same?

The training they provided was just to memorize some FAQs, which clients usually ask and is honestly not worth more than a penny.

I don't want to file a legal case or get into any trouble. I don't need my salary; all I need is a termination certificate so that they can no longer threaten me for bond money. Can anybody please help me? My lawyer is insisting on sending a legal notice, but I don't want to as I've already wasted enough money by joining this company :(

Please reply. I want to avoid all legal proceedings. Can I use some political or police help to suppress the matter?

Regards