Hi, Sorry if this question has been asked earlier. After graduating with a Bachelor's in Computer Science, I started job hunting in one of the most reputed IT parks in Asia—Technopark, Trivandrum. Technopark comprises software companies ranging from billion-dollar turnovers to small startups. When I started applying for jobs, I applied to companies regardless of their name; I just wanted to start my career. Then, I got an offer from a startup, 3E IT Solutions. The salary was 6,000 INR in 2011, with a promise that it would be increased to at least 12,000 INR after 6 months. I was also asked to submit my original documents for verification and safekeeping. Additionally, I was asked to sign a paper without a stamp for a 2-year bond period. As I was living alone, it was hard to live on 6,000 INR. Even after 9 months, I was not given any raise, even though the work done by me was pretty good. I was told that as per the bond, I had to work for the same salary for 2 years. I have also seen people getting fired when they are close to completing the bond period. I decided to leave the company by serving a notice period for a month, even though my resignation letter was not accepted. After leaving, I received 3 offers from different companies at Technopark, with salaries of 15,000 INR and above. I joined one of these companies. I was told by my new company's HR that they received a visit from the 3E IT Solutions team, threatening them to fire me, or else 3E would take legal actions against my new company. This happened multiple times, and their company driver used to stalk me to find my work location as per their manager’s order. To date, they haven't provided me with any relieving letter, experience certificate, or my mark certificates (which I took duplicates of). After a while, I received a legal notice for bond breaking, also mentioning that I stole intellectual information from 3E, and they want a ransom of 4 lakhs. To date, due to the slow legal system, I don’t have my certificates or the case cleared. This company has been stalking me and doing the same wherever I join. I also found that I am not the first person with this issue; people have fallen into their trap before. I am not able to join any big companies or show that 9 months of experience anywhere. Can you suggest a way out as they are playing with my career? Thanks.
From India, Bangalore
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From India, Bangalore
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"The salary was 6,000 in 2011 with a promise that it would be increased to at least 12,000 after 6 months. They breached the contract when they failed to follow the contractual terms, if it indeed was a clause in your contract/offer letter.
In which form was the promise made for an increase in pay? Was it written or verbal?
I was also asked to give in my original documents for verification and safekeeping. I was also asked to sign a paper without a stamp for a 2-year bond period.
Retention of original documents is against the law of the land. The original certificates are your property and cannot be retained. Yes, they can ask for originals for verification, but that is about all. You can lodge an FIR against the company if they do not return your property.
After leaving, I got 3 offers from different companies at Technopark in the tune of 15,000 and above. I joined one of the companies. I was told by my new company's HR that they got a visit from the 3E IT Solutions team, threatening them to fire me, else 3E would take legal actions against my new company.
This is defamation and a violation of other sections of the IPC. You need to consult an advocate for further action.
After a while, I got a legal notice for bond breaking, also mentioning that I stole intellectual information from 3E and they want ransom in the tune of 4 lakhs. Till date, due to the slow legal system, I don’t have my certificates or the case cleared.
The forum can advise you in a limited capacity as full facts are not available. You need legal advice which can be given by a local advocate. Try and join hands with other victims and initiate legal actions. The sooner you take action, the better it is."
From India, Pune
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3180In which form was the promise made for an increase in pay? Was it written or verbal?
I was also asked to give in my original documents for verification and safekeeping. I was also asked to sign a paper without a stamp for a 2-year bond period.
Retention of original documents is against the law of the land. The original certificates are your property and cannot be retained. Yes, they can ask for originals for verification, but that is about all. You can lodge an FIR against the company if they do not return your property.
After leaving, I got 3 offers from different companies at Technopark in the tune of 15,000 and above. I joined one of the companies. I was told by my new company's HR that they got a visit from the 3E IT Solutions team, threatening them to fire me, else 3E would take legal actions against my new company.
This is defamation and a violation of other sections of the IPC. You need to consult an advocate for further action.
After a while, I got a legal notice for bond breaking, also mentioning that I stole intellectual information from 3E and they want ransom in the tune of 4 lakhs. Till date, due to the slow legal system, I don’t have my certificates or the case cleared.
The forum can advise you in a limited capacity as full facts are not available. You need legal advice which can be given by a local advocate. Try and join hands with other victims and initiate legal actions. The sooner you take action, the better it is."
From India, Pune
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Legal Clarification on Negative Covenants in Employment Agreements.pdf