I am very much in trouble. One year ago, I joined a company and signed a bond of two years with my parents' signature on it. The bond was to be completed in 2014. I left the company two months ago under very tense circumstances; the management used to harass me. I left the company by simply sending them an email stating the reason as "Harassment." I did not follow any procedure, notice period, or anything, but I was getting sick there, so I just left. Now they have sent me a legal notice and have made false allegations of data theft, company loss, pen drive theft, etc., and are asking for a sum of 1.25 lakhs within 15 days of the legal notice. Failing this, legal actions would be taken against me (civil and criminal law). I have not done anything wrong and left the company because the working environment was unbearable. Being a girl, I was not able to tolerate that.
This is just a brief overview; I have faced much worse there. Now I have joined a new company, and I am really worried about my future.
Please guide me on what to do. I have not caused any harm to the company in any way. However, this company's MD is very cheap; he is well supported by legal advisers.
Please let me know if you require more details.
Thanks.
Regards,
Aastha.
From India, Ambala
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This is just a brief overview; I have faced much worse there. Now I have joined a new company, and I am really worried about my future.
Please guide me on what to do. I have not caused any harm to the company in any way. However, this company's MD is very cheap; he is well supported by legal advisers.
Please let me know if you require more details.
Thanks.
Regards,
Aastha.
From India, Ambala
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Welcome to CiteHR.com!
There are many companies that call themselves companies by virtue of incorporating themselves under the Companies Act; however, they are no better than a gang of white-collar criminals. Engaging in nefarious activities, evading rightful government taxes and royalties, and exploiting gullible employees are a few of their routine practices. Many such rogue companies operate with impunity and show utter disdain for the law.
I am certain that the illegal bond they made you sign must contain several repugnant clauses that render it unenforceable in any court of justice. The notice of Rs. 1.25 lakh that they sent you in itself constitutes harassment.
You need to engage a competent lawyer to provide a legal response to their notice, along with a claim of mental harassment and exploitation that led to your resignation. Highlight the fact that even after leaving your job, they continue to harass you.
Compliance with Labor Laws
Have the company adhered to labor laws? Was your PF deducted and contributed regularly? Did they provide maternity leave to their female employees? Did they pay gratuity to eligible employees upon separation? Do they comply with the Minimum Wages Act?
There are numerous aspects that only you can address. If the company has been flouting the aforementioned compliances, you can include all such allegations in your response.
Furthermore, make it clear that if they persist in harassing you baselessly, you will be compelled to file a criminal case against them.
Stay strong and do not succumb to such threats.
Please feel free to reach out in case you require further clarification or assistance.
Warm regards.
From India, Delhi
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1446There are many companies that call themselves companies by virtue of incorporating themselves under the Companies Act; however, they are no better than a gang of white-collar criminals. Engaging in nefarious activities, evading rightful government taxes and royalties, and exploiting gullible employees are a few of their routine practices. Many such rogue companies operate with impunity and show utter disdain for the law.
I am certain that the illegal bond they made you sign must contain several repugnant clauses that render it unenforceable in any court of justice. The notice of Rs. 1.25 lakh that they sent you in itself constitutes harassment.
You need to engage a competent lawyer to provide a legal response to their notice, along with a claim of mental harassment and exploitation that led to your resignation. Highlight the fact that even after leaving your job, they continue to harass you.
Compliance with Labor Laws
Have the company adhered to labor laws? Was your PF deducted and contributed regularly? Did they provide maternity leave to their female employees? Did they pay gratuity to eligible employees upon separation? Do they comply with the Minimum Wages Act?
There are numerous aspects that only you can address. If the company has been flouting the aforementioned compliances, you can include all such allegations in your response.
Furthermore, make it clear that if they persist in harassing you baselessly, you will be compelled to file a criminal case against them.
Stay strong and do not succumb to such threats.
Please feel free to reach out in case you require further clarification or assistance.
Warm regards.
From India, Delhi
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I echo Mr. Raj Kumar. Take the help of a lawyer and give them a befitting reply to their legal notice. Thereafter, you can send a legal notice or file a case for harassment.
Clarification on Training and Bond Details
When you are at ease, please let us know whether you have undergone any training or went abroad on the company's expenditure during the course of your employment. What was the content of the bond signed by your parents? Normally, bonds are signed by the employee; there is no role for parents to be involved in signing any bond. On what terms are they asking for 1.25 Lacs? Also, let us know what was your designation/job profile to ascertain the data theft claimed by them.
From India, Ahmadabad
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Clarification on Training and Bond Details
When you are at ease, please let us know whether you have undergone any training or went abroad on the company's expenditure during the course of your employment. What was the content of the bond signed by your parents? Normally, bonds are signed by the employee; there is no role for parents to be involved in signing any bond. On what terms are they asking for 1.25 Lacs? Also, let us know what was your designation/job profile to ascertain the data theft claimed by them.
From India, Ahmadabad
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Legal Concerns and Next Steps
It is now amply clear that the company has been engaging in several illegal activities, including financial irregularities. You can discuss and disclose these matters to your counsel, and when responding, these issues can be addressed. Meanwhile, you can begin searching for a new job.
Warm regards.
From India, Delhi
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It is now amply clear that the company has been engaging in several illegal activities, including financial irregularities. You can discuss and disclose these matters to your counsel, and when responding, these issues can be addressed. Meanwhile, you can begin searching for a new job.
Warm regards.
From India, Delhi
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I am really very happy that one of our expert advisors, Mr. Ravikumar, advised you the best. Do not worry. The notice sent by that organization is completely unconstitutional. Either they are trying to scare you, or the personnel who has sent you the notice is not aware of the Employment Law. Once the matter goes to court, the employee has to disclose a lot of things, which may create difficulties for the employee.
Regards.
From India
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Regards.
From India
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They have sent a notice stating that you committed theft through pen drive data transit. Without conducting a domestic enquiry at that time, it is not valid in its nature, and moreover, without witnesses, it is not valid. After leaving the organization, they keep their allegations. How meaningful is it? You can include this in your lawyer's notice, and if necessary, you can approach the labor department (ACL/DCL) in your jurisdiction.
Don't be discouraged; instead, be challenged towards victory.
From India, Secunderabad
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Don't be discouraged; instead, be challenged towards victory.
From India, Secunderabad
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Thank you so much for your replies. After reading all your posts, I have become aware now. I made many mistakes on my part, like just signing the bond and agreeing to give my ATM details, among other things. If I had been aware of these facts at that time, this situation would not have happened to me. They even withheld my last month's salary. I wonder how our IT company laws allow these types of companies to exist. Don't they conduct any checks on them? Are they following all the laws and maybe interviewing employees? Is your company treating you fairly, especially as a woman? There should be regular checks, and companies like these should be closed.
The working environment there was like hell. You won't believe it, but even the HR used to taunt and pass remarks on me. She, along with the MD, used to speak poorly.
Those were very low-standard people who do not deserve to run a company.
I am just scared that if I disclose such things, being a woman, my name will also come out. This is what has kept me silent the whole year and even now.
Thanks,
Aastha
From India, Ambala
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The working environment there was like hell. You won't believe it, but even the HR used to taunt and pass remarks on me. She, along with the MD, used to speak poorly.
Those were very low-standard people who do not deserve to run a company.
I am just scared that if I disclose such things, being a woman, my name will also come out. This is what has kept me silent the whole year and even now.
Thanks,
Aastha
From India, Ambala
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Hi All, I am in a very critical condition now. It has been 10 months since I left that company (the one regarding which I discussed in previous threads). Today, I received a "COURT SUMMONS"; we refused to accept the summons. The person carrying it was from a courier company, and he told us that "this summons is from the court for an amount of 2.5 lakhs that you have to pay to your company now for breaking the bond and for the claim that the company is making." My name and my mother's name were mentioned in the summons, as my mother signed the bond papers as a guarantee.
What Should I Do Now?
Please help. What will happen now as we have refused to accept the summons, and what is the procedure that I should follow? Are there any chances that I may get arrested for this? How many times is the summons sent? I have not done anything wrong. The company used to harass me, so I left the company.
Please advise.
Thanks in Advance!
Aastha
From India, Ambala
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What Should I Do Now?
Please help. What will happen now as we have refused to accept the summons, and what is the procedure that I should follow? Are there any chances that I may get arrested for this? How many times is the summons sent? I have not done anything wrong. The company used to harass me, so I left the company.
Please advise.
Thanks in Advance!
Aastha
From India, Ambala
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Summons Delivery and Legal Advice
If I am not wrong, the summons are not sent by courier; they are either sent by a Government Public Servant or by Post, i.e., OIGS. How does the courier fellow know all the details mentioned in the summons?
Secondly, in my previous reply to you, I suggested replying to the notice sent to you. Did you not send the reply?
Lastly, why did you reject accepting the summons, which is wrong on your part? Not accepting the summons means disrespecting the court of law, where the court can order to arrest you too, God forbid.
Please hire a lawyer immediately, take his/her advice, and reply to the notice.
From India, Ahmadabad
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If I am not wrong, the summons are not sent by courier; they are either sent by a Government Public Servant or by Post, i.e., OIGS. How does the courier fellow know all the details mentioned in the summons?
Secondly, in my previous reply to you, I suggested replying to the notice sent to you. Did you not send the reply?
Lastly, why did you reject accepting the summons, which is wrong on your part? Not accepting the summons means disrespecting the court of law, where the court can order to arrest you too, God forbid.
Please hire a lawyer immediately, take his/her advice, and reply to the notice.
From India, Ahmadabad
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Thank you for your replies. I request you to give serious advice. To make myself clear, it was a SERVICE AGREEMENT that they made me sign with my and my mother's signature on it. Now, I have received a "COURT SUMMON" which some guy delivered from the court or courier, as we didn't listen to him and shrugged him away, saying that we don't want to accept such things. Now I realize what blunder I have done. Please tell me how I can rectify my mistake and what to do next. I don't want my mother and myself to get into any legal troubles or court matter.
Regards,
Aastha
From India, Ambala
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Regards,
Aastha
From India, Ambala
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Bond of Employment.doc
Bond in employment.pdf