HELLO,
FOR GOD SAKE STOP REPEATING THE SAME TOPIC, THE MEMBERS OF THE FORUM HAVE ANSWERED THE SAME QUESTION A TRILLION TIMES, PLEASE REFRAIN SELF FROM PUTTING UP YOUR QUERIES WITH OUT APPROPRIATE RESEARCH OF THE CONTENTS ON THE FORUM,
KINDLY FOLLOW THE LINK BELOW MENTIONED AND YOU WILL GET THE ANSWERS YOU SEEK,
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THANK YOU
OCTAVIOUS
ALSO YOU REPLY IN FOLLOWING FORMAT WITH APPROPRIATE ADJUSTMENTS IN THE LETTER TO THE PEOPLE WHO HAVE SEND YOU THE LETTER, IF PROBLEM PERSISTS DO LET ME KNOW,
The declaration-cum-undertaking (bond) on a stamp paper is a practice followed by many small companies to retain their employees at a less salary that what the market offers. As you said rightly these bonds are totally one sided. They also mention that they provide specialized training to camouflage their intention.
Since they have sent a letter to you on the following lines:
1. You deny everything what is written in their letter.
2. They have not given any training whether specific to the job or general since your have worked only two weeks. Hence the cost of training does not arise at all.
3. The normal practice in the industry is to give 24 hours notice during the probation before leaving the job. Hence you are not liable to pay too.
4. Demand for the salary for the period you have worked.
5. The letter sent by you is coercive in nature and putting you in ransom which is illegal and you can think of taking civil as well as criminal action.
6. Bondage in any form is illegal which is not enforcible in law in India.
7. It violate Article 19 of the Constitution - Right to Work
8. It violates human dignity and nullify the growth and aspirations of youngsters.
9. Change of employment is rampant in a free economy and one company cannot set their own terms and conditions which is against the economical growth of the younger generation as well as the country in general.
10. You wait for a period of one week and if they don't take any action please ignore the letter and join the new company.
11. Please keep the new company about the developments.
12. If they send another letter please reply on the above lines or as follows:
Quote:
I deny all your the allegations mentioned in your letter dt.___. Please send salary for the period worked to me after deducting one days salary as notice pay during probation period.
You have not provided any training whether specific or general since I have worked only two weeks with your company. Even otherwise the training which you promised to give is specific to the job which I was supposed to perform for which I have no value outside nor it enhances my knowledge. Every company whether small or big impart training tailor made to suit their requirement to get better performance from their employees for which no compensation or damage can be demanded which the employee has scrap value outside the company. The employees after the specific training can do better job and have no personal benefit to the employee. Rather the benefit is for the employer who gets a increased efficiency from a low paid employee.
Bondage in any way is illegal in our country and is violative of Article 19 of the Constitution of India - Right to Work. This is also an action against human basic dignity and amounts to gross injustice to human being who is not in a position to compete equally.
I hereby demand my entitlement of 15 days salary which is due to me. You are also liable to pay damages of Rs.50,000/- for loss of opportunities and the mental agony suffered by me due to your action which is inhuman, illegal and blatantly arrogant and arbitrary. This is without prejudice to my rights to take any civil or criminal action against you at your cost as may be advised by my lawyer.
Please take notice that I don't get a reply acceding to my request I shall be forced to take legal action, civil and criminal as per law, at your cost and consequences. I shall also be forced to take up this kind of behavior to Human Rights Commission to end this kind of threat and coercion which amounts to demanding ransom .
Unquote:
You have backtracked your promise of training me by not providing any trainer, on the job or otherwise. This is breach of trust and cheating
You may send this above letter to the employer and not to the lawyer.
PLEASE SEND THIS MAIL VIA REGISTERED POST AND ALSO ON YOUR COMPANY'S EMAIL ID SIMULTANEOUSLY