Hi all,
please be patient and read my story....and provide your suggestion.
i joined the IT services providing company during the interview the told me to place in a technical team to work..after i joined they made me to work in non- technincal work which has no career..when i went and asked they told it as company procedure and they will put in 3 months..we asked them all the days for techninal team....after one year they told us to sign a bond for technical team...since i am in bad situation i signed the bond and started workin...i worked for 13 months but as per bond i have to stay for 18 months..since they are not provided better salary even after signing the bond..very very less compare to standard...so i decided to go for new company ....also i got better job and i resigned my job....
they havent asked anything when i left the company...also i got reliving and exp letter from them without problem...
but after 3 months they are asking my bond amount(1 lakh) now...
actually i haven`t signed bond in official bond pappers instead i signed in office letter pad..
please provide me the suggestion for this....what can i do...
From India, Madras
please be patient and read my story....and provide your suggestion.
i joined the IT services providing company during the interview the told me to place in a technical team to work..after i joined they made me to work in non- technincal work which has no career..when i went and asked they told it as company procedure and they will put in 3 months..we asked them all the days for techninal team....after one year they told us to sign a bond for technical team...since i am in bad situation i signed the bond and started workin...i worked for 13 months but as per bond i have to stay for 18 months..since they are not provided better salary even after signing the bond..very very less compare to standard...so i decided to go for new company ....also i got better job and i resigned my job....
they havent asked anything when i left the company...also i got reliving and exp letter from them without problem...
but after 3 months they are asking my bond amount(1 lakh) now...
actually i haven`t signed bond in official bond pappers instead i signed in office letter pad..
please provide me the suggestion for this....what can i do...
From India, Madras
Employment Bond for any amount is illegal. Yes, if the employer has spent some amount for imparting training to an employee, the employer can claim that amount when he leaves without ' giving an opportunity to the employer to extract it back'. In the absence of any training given exclusively for the employee, bond will be interpreted as compelling one to work where he does not want to work or simply " BONDED LABOUR" which is illegal.
Let me add this also. In IT sector, the tendency of claiming notice pay is very high now a days, especially when the recession took place. I remember that some two or three years back the IT sector employees were dead against the Labour Laws and Trade Unions. They referred themselves as "professionals" and not workers. Now when they realised that they were some thing less than workers, they have started thinking of trade unions and Industrial disputes Act.
Regards,
Madhu.T.K
From India, Kannur
4239Let me add this also. In IT sector, the tendency of claiming notice pay is very high now a days, especially when the recession took place. I remember that some two or three years back the IT sector employees were dead against the Labour Laws and Trade Unions. They referred themselves as "professionals" and not workers. Now when they realised that they were some thing less than workers, they have started thinking of trade unions and Industrial disputes Act.
Regards,
Madhu.T.K
From India, Kannur
Dear, one thing I would like to say that if your employer have relieved u and given u the relieving letter, then u can say reply them that yor releiveing from the company is legally, and hence no need to pay the amount of bond. RGRDS. jayesh.
From India, Ahmadabad
From India, Ahmadabad
i worked 5 month in automobile company as a DY manager HR. as per appointment letter no probhition period MENTION and clauses 13 company terminate my services to givining one month notice pay(Basic salary) only but in appointment letter salary/wages(all perks)mention .i m not signed this letter but recevie full & final settlement dues. it is legeal or not.what effect in my future jobs.what legal acation tacken by me:confused:
From India, Jaipur
From India, Jaipur
Dear Bhupendra Singh,
Since you have received full and final settlement there is no other option but to get your relieving letter from the company.
Retrenchment compensation shall mean basic salary + Dearness Allowance (if applicable) only. If the company has paid one month salary as compensation that is sufficient legally since you had worked only for 5 months.
Being an employee in the cadre of manager (Dy. Manager) you have no recourse in the Industrial Disputes Act to deal with it.
Regards,
Madhu.T.K
From India, Kannur
Since you have received full and final settlement there is no other option but to get your relieving letter from the company.
Retrenchment compensation shall mean basic salary + Dearness Allowance (if applicable) only. If the company has paid one month salary as compensation that is sufficient legally since you had worked only for 5 months.
Being an employee in the cadre of manager (Dy. Manager) you have no recourse in the Industrial Disputes Act to deal with it.
Regards,
Madhu.T.K
From India, Kannur
Hello Friend,
Your Situation is Pretty common where an Employer gets a Bond Signed by an Employee for certain Period.
When you have left the company and recieved the releaving docs it clearly indicates that they didn't file and recovery on your account before that. Now if they are asking for some money and sending you a Notice it could be because of some market reasons or some thing else.However The step you have taken was in your own progress and was for your own good. There can be no employer who can stop you from doing that..YOu can clearly state the reasons you have left the organisations for .
Best of Luck..
Parya
From India, Nagpur
Your Situation is Pretty common where an Employer gets a Bond Signed by an Employee for certain Period.
When you have left the company and recieved the releaving docs it clearly indicates that they didn't file and recovery on your account before that. Now if they are asking for some money and sending you a Notice it could be because of some market reasons or some thing else.However The step you have taken was in your own progress and was for your own good. There can be no employer who can stop you from doing that..YOu can clearly state the reasons you have left the organisations for .
Best of Luck..
Parya
From India, Nagpur
Hi,
Please do not worry for the following reasons:
Regards,
Diya.
From India, Delhi
Please do not worry for the following reasons:
- They have already given you the relieving/exp letter.
- As the bond is not a legalized Document or stamp paper they cannot cause you any harm. Anyone can create a letter head, these days buddy, so please stop worrying.
- By any chance do you have a copy of your bond, if so please maintain a copy of the same safely for further purposes.
Regards,
Diya.
From India, Delhi
Hi all
No Employment Bond holds legal value in India, however the cost of training and other project costs which the Company bore towards you can be claimed by the employer, if their is a breach of Service agreement, provided that all the formalities are made on legal documents and are registered / notrised in civil / labour courts.
In your case, the Employment bond was not signed on legal papers therefore the Ex-employer can not even claim training & other costs. But they may mount a pressure on you to reimburse such cost by scareing you of being sued. But you don't get scared.
wish you good luck....
Bikram Singh
No Employment Bond holds legal value in India, however the cost of training and other project costs which the Company bore towards you can be claimed by the employer, if their is a breach of Service agreement, provided that all the formalities are made on legal documents and are registered / notrised in civil / labour courts.
In your case, the Employment bond was not signed on legal papers therefore the Ex-employer can not even claim training & other costs. But they may mount a pressure on you to reimburse such cost by scareing you of being sued. But you don't get scared.
wish you good luck....
Bikram Singh
I Agreed with Madhu & Diya.. Madhu Explains What is Act & Diya shows proof. Good One. Don’t worry. Nothing will be happened.
From United States, Los Angeles
From United States, Los Angeles
Dear all,
i have a query, i wish to know if employment bond needs to be given only after the probation period of six months is over or during appointment of an employee itself. So for instance, if we want the worker to work with us for a period of one year then do we give him the employment bond only when he becomes a permanent employee or during the time he is appointed as an employee?
It would be nice if i could an input on the same.
regards,
Suchismita
HR Manager (shmshipcare)
Mumbai
From India, Mumbai
i have a query, i wish to know if employment bond needs to be given only after the probation period of six months is over or during appointment of an employee itself. So for instance, if we want the worker to work with us for a period of one year then do we give him the employment bond only when he becomes a permanent employee or during the time he is appointed as an employee?
It would be nice if i could an input on the same.
regards,
Suchismita
HR Manager (shmshipcare)
Mumbai
From India, Mumbai
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BOND BY AN EMPLOYEE FOR NOT ENGAGING HIMSELF.doc