Hi Friends,
I used to work with a MNC BPO company in Delhi since January 2007. In Feb 2007, the company sent me along with some other people to U.K. for 8 weeks for some on job training (as they call it) on our client's site to gain the process (business) knowledge so that I can perform the same work at our Delhi based office.
Before sending me to U.K. they made me sign a service bond for 2 years with a value of Rs. 2 Lacs. The format of the service bond which I had signed is also attached herewith. The terms of the bond is that I will have to continue to serve the company for two years after I return from U.K. I had already completed 16 months of this bond period. The only bond period left was just 8 months. Further please note that the work which I used to do in Delhi is now being performed by some other employee who was trained by me for good two to three months. She was independently handling the job and the business was also running smoothly at the time when I got myself transferred to Kolkata. Hence my manager in Delhi also agreed to release me as I properly trained a new employee on my existing job. Later on I got myself transferred to our Kolkata office where I was waiting for my new assignment to begin.
In this meanwhile I got a very good opportunity in some other company offering me day shifts and I accepted to join them. Before joining I also told them regarding my bond issue but they accepted a copy of my resignation e-mail as a proof of resigning from my previous company.
Accordingly I resigned from my previous company after serving proper notice period and had requested my manager to waive the bond amount but the HR told me that they will not waive the amount which amounts to Rs. 1 Lac. Now they have sent me a letter through a Lawyer demanding Rs.90,448.00 which I am unable/unwilling to pay. What can happen if the company files a legal case against me? Please advise whether I am in a position where I can defend any legal case which the company can file against me?"
“Here it is to be noted that when I joined my previous company, I was having a work experience of 4 years for which I also have a work experience certificate. There was no such training given to me in U.K. We only used to sit beside our U.K. colleagues and used to see the work they do. Later on we started doing the same work from our Delhi office. Also given the fact I trained a new employee for complete three months in Delhi before taking a transfer to Kolkata signifies that the company did not suffer any losses which they are claiming now. In Kolkata, I was on bench and was waiting for my new assignment to begin and that is when I resigned after serving proper notice period”
So friends based on above facts can you please guide me as to where do I stand if any legal case is initiated against me by my ex employer? The bond copy is enclosed.
From India, Calcutta
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1I used to work with a MNC BPO company in Delhi since January 2007. In Feb 2007, the company sent me along with some other people to U.K. for 8 weeks for some on job training (as they call it) on our client's site to gain the process (business) knowledge so that I can perform the same work at our Delhi based office.
Before sending me to U.K. they made me sign a service bond for 2 years with a value of Rs. 2 Lacs. The format of the service bond which I had signed is also attached herewith. The terms of the bond is that I will have to continue to serve the company for two years after I return from U.K. I had already completed 16 months of this bond period. The only bond period left was just 8 months. Further please note that the work which I used to do in Delhi is now being performed by some other employee who was trained by me for good two to three months. She was independently handling the job and the business was also running smoothly at the time when I got myself transferred to Kolkata. Hence my manager in Delhi also agreed to release me as I properly trained a new employee on my existing job. Later on I got myself transferred to our Kolkata office where I was waiting for my new assignment to begin.
In this meanwhile I got a very good opportunity in some other company offering me day shifts and I accepted to join them. Before joining I also told them regarding my bond issue but they accepted a copy of my resignation e-mail as a proof of resigning from my previous company.
Accordingly I resigned from my previous company after serving proper notice period and had requested my manager to waive the bond amount but the HR told me that they will not waive the amount which amounts to Rs. 1 Lac. Now they have sent me a letter through a Lawyer demanding Rs.90,448.00 which I am unable/unwilling to pay. What can happen if the company files a legal case against me? Please advise whether I am in a position where I can defend any legal case which the company can file against me?"
“Here it is to be noted that when I joined my previous company, I was having a work experience of 4 years for which I also have a work experience certificate. There was no such training given to me in U.K. We only used to sit beside our U.K. colleagues and used to see the work they do. Later on we started doing the same work from our Delhi office. Also given the fact I trained a new employee for complete three months in Delhi before taking a transfer to Kolkata signifies that the company did not suffer any losses which they are claiming now. In Kolkata, I was on bench and was waiting for my new assignment to begin and that is when I resigned after serving proper notice period”
So friends based on above facts can you please guide me as to where do I stand if any legal case is initiated against me by my ex employer? The bond copy is enclosed.
From India, Calcutta
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My Dear,
You are not lacking money; this information is not true. The fact is that you are interested in getting discharged from your service bond. What is the basic reason behind your decision, I understand. Nowadays, in BPOs, LPOs, KPOs, and similar industries, the working culture is much more rigorous, which is the first rule of survival in these industries. Considering your case, kindly read clause 10 of your contract, which clearly states that any amount deducted from your salary in various funds will be deducted by the employer if you do not follow the terms and conditions of the bond. So, it doesn't matter. Allow him to deduct that amount and take your relieving letter. Not giving a relieving letter is also a criminal offense. For details, kindly send me an email at [IMG]https://www.citehr.com/misc.php?do=email_dev&email=ZGpmYXJtQHdlYm R1bmlhLmNvbQ==[/IMG]
IR and Legal Manager.
From India, Mumbai
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You are not lacking money; this information is not true. The fact is that you are interested in getting discharged from your service bond. What is the basic reason behind your decision, I understand. Nowadays, in BPOs, LPOs, KPOs, and similar industries, the working culture is much more rigorous, which is the first rule of survival in these industries. Considering your case, kindly read clause 10 of your contract, which clearly states that any amount deducted from your salary in various funds will be deducted by the employer if you do not follow the terms and conditions of the bond. So, it doesn't matter. Allow him to deduct that amount and take your relieving letter. Not giving a relieving letter is also a criminal offense. For details, kindly send me an email at [IMG]https://www.citehr.com/misc.php?do=email_dev&email=ZGpmYXJtQHdlYm R1bmlhLmNvbQ==[/IMG]
IR and Legal Manager.
From India, Mumbai
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Hi,
Thank you for your reply. However, the current situation is that my company only owes me 17 days of salary and 26 days of paid leave. The amount owed will be very small. Even if they adjust this amount with the bond, they will not provide me with the relieving letter. In fact, the bond I signed is slightly different from the format attached above. I believe they have recently made some changes to certain clauses, which I have just realized. I will email you the exact format to your email address and kindly request your advice on this matter.
Regards,
Manoj
From India, Calcutta
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Thank you for your reply. However, the current situation is that my company only owes me 17 days of salary and 26 days of paid leave. The amount owed will be very small. Even if they adjust this amount with the bond, they will not provide me with the relieving letter. In fact, the bond I signed is slightly different from the format attached above. I believe they have recently made some changes to certain clauses, which I have just realized. I will email you the exact format to your email address and kindly request your advice on this matter.
Regards,
Manoj
From India, Calcutta
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Hi,
Thank you for your advice. Hiring a lawyer is the last option I am considering. My employer has not responded to me yet. Currently, I require Form 12B (an Income Tax Form indicating the total income earned from my previous employer and the tax deducted by them) to provide to my new employer. I am concerned whether my former employer might refuse to provide me with these documents since I have not settled any outstanding payments with them.
Please advise.
Regards,
Manoj.
From India, Calcutta
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Thank you for your advice. Hiring a lawyer is the last option I am considering. My employer has not responded to me yet. Currently, I require Form 12B (an Income Tax Form indicating the total income earned from my previous employer and the tax deducted by them) to provide to my new employer. I am concerned whether my former employer might refuse to provide me with these documents since I have not settled any outstanding payments with them.
Please advise.
Regards,
Manoj.
From India, Calcutta
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I am an advocate practicing in the Sub Court of Thrissur, Kerala. I am a standing counsel for one of the leading Jewellery in India. It is my pleasure if you can help me with a sample form of the employment agreement in relation with jewellery workers.
Regards,
Liya.
From India, Thrissur
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Regards,
Liya.
From India, Thrissur
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Service Bond
Dear all,
I am working with a conductor manufacturing unit. We are sending our employees abroad for training, but they are leaving the job within a short period. We are considering implementing a 3-year service bond with them.
Could you please provide the formats for service bonds?
Regards,
SATISH MARATHE
From India, Surat
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Dear all,
I am working with a conductor manufacturing unit. We are sending our employees abroad for training, but they are leaving the job within a short period. We are considering implementing a 3-year service bond with them.
Could you please provide the formats for service bonds?
Regards,
SATISH MARATHE
From India, Surat
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The Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Ac.pdf
Service agreement.doc