I have joined a private limited company. At the time of joining, they said there would be a hike after 6 months and they would be shifting me to the software domain. They asked me to sign a bond. To date, my service has completed 15 months, and there is no hike or change in my domain. Currently, I am working for healthcare in the night shift, and the work is like a data entry job. I am a technical guy, but they are forcibly making me do that data entry work. I am not interested in doing this work at all. I just want to leave this job, but they are not relieving me and asking me to pay the bond amount.
1) They have not provided me any training at all. It's a data entry job.
2) I am not interested in doing this work.
3) Should I have to pay the bond amount if I leave them? I have given my notice period, and my salary is 9,000/- only.
4) How can I get my PF money and my experience letter from the company?
Kindly advise me on this. My personal email ID is [Email Removed For Privacy Reasons].
Regards
From India, Bangalore
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1) They have not provided me any training at all. It's a data entry job.
2) I am not interested in doing this work.
3) Should I have to pay the bond amount if I leave them? I have given my notice period, and my salary is 9,000/- only.
4) How can I get my PF money and my experience letter from the company?
Kindly advise me on this. My personal email ID is [Email Removed For Privacy Reasons].
Regards
From India, Bangalore
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Breach of Contract and Offer Letter Details
What was written in the offer letter about the hike? There is a breach of contract if they had made these promises. They will not be able to enforce the recovery of bond money since they have not provided you with training or adhered to their words while employing you. They have misrepresented the nature of the job (from what you are saying).
You can give notice and leave the organization. They can avoid giving you a relieving letter, but they cannot stop your PF. I am sure you must know your PF account number and probably have a PF statement. You can think in terms of continuing the same PF account when you join another company.
Regards
From India, Pune
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3180What was written in the offer letter about the hike? There is a breach of contract if they had made these promises. They will not be able to enforce the recovery of bond money since they have not provided you with training or adhered to their words while employing you. They have misrepresented the nature of the job (from what you are saying).
You can give notice and leave the organization. They can avoid giving you a relieving letter, but they cannot stop your PF. I am sure you must know your PF account number and probably have a PF statement. You can think in terms of continuing the same PF account when you join another company.
Regards
From India, Pune
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Nathrao has given you some sound advice. Please let us know what you mean by "I am a technical guy"? I wonder why you continued to work there for 15 months when they did not adhere to the promise made about the hike in pay and the nature of the job?
From United Kingdom
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From United Kingdom
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Resignation and Bond Liability
Having given your resignation, served the notice period, and with no liability for the bond amount as no training expenses seem to have been incurred by the employer, you are deemed to have been relieved since no one can be kept as a bonded laborer. Only reasonable expenses proportionate to expenses on training, etc., incurred are recoverable out of the bond agreement through court.
In this case, if the employer had committed to giving other duties and a hike but later backed out, it is a breach of contract on the part of the employer. Thus, the employee can revoke it without any liability. A relieving letter can be obtained through an interim mandatory injunction through the civil court, where the extent of bond liability or its validity will be determined.
In any case, a relieving letter subject to the payment of bond liability has to be issued by the employer. The effect of a conditional relieving letter is the determination of the contract, but liability for damages, if any, is still recoverable thereafter. The employer should update their register of employees by issuing even a conditional relieving order.
Thanks
Regards,
Sushil
From India, New Delhi
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Having given your resignation, served the notice period, and with no liability for the bond amount as no training expenses seem to have been incurred by the employer, you are deemed to have been relieved since no one can be kept as a bonded laborer. Only reasonable expenses proportionate to expenses on training, etc., incurred are recoverable out of the bond agreement through court.
In this case, if the employer had committed to giving other duties and a hike but later backed out, it is a breach of contract on the part of the employer. Thus, the employee can revoke it without any liability. A relieving letter can be obtained through an interim mandatory injunction through the civil court, where the extent of bond liability or its validity will be determined.
In any case, a relieving letter subject to the payment of bond liability has to be issued by the employer. The effect of a conditional relieving letter is the determination of the contract, but liability for damages, if any, is still recoverable thereafter. The employer should update their register of employees by issuing even a conditional relieving order.
Thanks
Regards,
Sushil
From India, New Delhi
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Please arrange a meeting with your HR to discuss all the points mentioned and your grievances. Indicate your disappointment and the efforts you have made to stay with the organization. Also, express your intentions and freedom to leave if the promises are not fulfilled.
Highlight the lack of training provision and make it clear that the bond is simply a mutual agreement between the two parties and holds no value in terms of local laws. If the company does not respect their terms, there will be no further mutual agreement.
Prepare detailed minutes for this meeting as you discuss and circulate a copy to HR and your immediate management formally through email.
Request the HR to sign the minutes and send them back. If they refuse, you can escalate the matter to higher management and still use the unsigned copy for reference. If HR denies your minutes, they would then be obliged to provide their own copy of minutes for your records.
Conduct your actions intentionally and calmly, avoiding giving the company a reason to take disciplinary action against you in terms of termination.
If these steps do not yield results, labor courts are available to further address the matter, as suggested by other experienced members above.
Best Regards,
Amod Bobade.
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Highlight the lack of training provision and make it clear that the bond is simply a mutual agreement between the two parties and holds no value in terms of local laws. If the company does not respect their terms, there will be no further mutual agreement.
Prepare detailed minutes for this meeting as you discuss and circulate a copy to HR and your immediate management formally through email.
Request the HR to sign the minutes and send them back. If they refuse, you can escalate the matter to higher management and still use the unsigned copy for reference. If HR denies your minutes, they would then be obliged to provide their own copy of minutes for your records.
Conduct your actions intentionally and calmly, avoiding giving the company a reason to take disciplinary action against you in terms of termination.
If these steps do not yield results, labor courts are available to further address the matter, as suggested by other experienced members above.
Best Regards,
Amod Bobade.
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PF withdrawal indemnity bond.doc
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