Sir, I joined Coal India Limited in 2010 with a non-judicial bond. The condition of the bond was "to serve the company for a minimum of 50 months or to deposit 50,000 in case of quitting the job."
In 2012, the company changed the procedure in its board meeting and increased the bond money to 3 lakhs or a minimum service period of 5 years. Until July 2014, those who joined the company with a bond of 50,000 or 50 months and resigned did not need to pay 3 lakhs. However, in August 2014, the company issued a circular stating that whoever resigned from the company had to pay 3 lakhs or serve for 60 months.
I submitted my resignation in July. My queries are as follows:
1. Is it mandatory for me to abide by the changed bond conditions as I signed only on a 50,000 bond?
2. Can I have a legal stand regarding how a bond can be changed, which is against my fundamental right, i.e., freedom of liberty (that the company can do whatever it wants even at the cost of someone's liberty)?
3. Even if I'm in the notice period, will I be bound by the new conditions?
4. What will be the consequences if I leave the job without following the new bond conditions?
5. If I am unable to get the NOC from my company, will I be able to join another PSU or Central Government job?
From India, Asansol
Acknowledge(0)
Amend(0)
In 2012, the company changed the procedure in its board meeting and increased the bond money to 3 lakhs or a minimum service period of 5 years. Until July 2014, those who joined the company with a bond of 50,000 or 50 months and resigned did not need to pay 3 lakhs. However, in August 2014, the company issued a circular stating that whoever resigned from the company had to pay 3 lakhs or serve for 60 months.
I submitted my resignation in July. My queries are as follows:
1. Is it mandatory for me to abide by the changed bond conditions as I signed only on a 50,000 bond?
2. Can I have a legal stand regarding how a bond can be changed, which is against my fundamental right, i.e., freedom of liberty (that the company can do whatever it wants even at the cost of someone's liberty)?
3. Even if I'm in the notice period, will I be bound by the new conditions?
4. What will be the consequences if I leave the job without following the new bond conditions?
5. If I am unable to get the NOC from my company, will I be able to join another PSU or Central Government job?
From India, Asansol
Acknowledge(0)Amend(0)
Legally as you have put in papers in july the terms and conditions applicable at the time of july will be applicable to you and any changes thereafter will not be applicable to you retrospectively.
From India, Pune
Acknowledge(0)Amend(0)
470From India, Pune
Acknowledge(0)Amend(0)
As I see it, the new terms will not be applicable to you but only to those who agree to them or to those who are put under these terms at the time of the recruitment process itself, right from the application stage.
So, even those who did not resign by July 2014 but joined under the earlier terms and not the new ones are not bound by the new terms. An earlier contract cannot be repudiated arbitrarily based on the whims and fancies of any party in order to put the other in a disadvantaged position.
From United States, New York
Acknowledge(1)Amend(0)
So, even those who did not resign by July 2014 but joined under the earlier terms and not the new ones are not bound by the new terms. An earlier contract cannot be repudiated arbitrarily based on the whims and fancies of any party in order to put the other in a disadvantaged position.
From United States, New York
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
LEGAL IMPACT ON PF - INTERNATIONAL WORKERSppt.pdf