Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: Employee Bond - Termination  (Read 545 times)

0 Members and 1 Guest are viewing this topic.

Offline piyush_240

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Employee Bond - Termination
« on: March 08, 2016, 09:09:13 AM »
Hi,

I got offer from a Pvt Ltd software company in month of June - 2015. I accepted the offer and I joined the organisation in the month of Sep - 2015. At the time of Joining, they asked to sign a bond of 1 Year without which they informed Joining could not be completed.
I was not been informed any where in the offer letter that I need to sign bond of 1 Year.
Leaving no other option, as I left my previous Job, I need to sign the bond.

After my Joining, Company has not provided me any training as said in Offer letter(3 months Training was stated in offer letter). I was directly deputed to Client  after completion of my Joining formalities.

3. Also In offer letter I have been said that I will be paid some amount as Project Allowance. But I have never received the said amount.
In this regard, I contacted HR many times on Phone call and Email, but he never responded on mail and always assured  after many tries on call that the amount will be processed within 2-3 days.
In 3 months period(Sep-Nov 2015) I have never received the above amount, while my other colleagues always received the said amount on time..

4. We used to work 7 days in the week and also more than 12-15 hours per day. Even on some days I worked continuously more than 24 hours. Also I used to work on National Holidays . Even when the client location was on holidays, we were called and forced to work for more than the permitted hours.
When spoke to HR, she said it is my duty to work for 12-15 hours and work for project including holidays(Voice call recorded).
In this regard I have spoken to my Project Manager, he always assured me that shift of 9 hrs will be implemented by next week and used to extend the same. So I have continued to work on his assurance.
I was not able to give time even to my family.
5. Due to lack of rest,  my health was affected both Physically and mentally.
Even the company did not provide Health Cards as promised in appointment letter to me and my family.
I regularly raised the Issue of working overtime with my HR and also Project manager.
6.In month of mid November, Director of the Company met me and one of my collegue personally and warned if we cant work these many hours, we can leave the company.
I finally decided to leave the company and waited for salary to be credited. Once my salary for the month of Nov 2015 credited, I put a mail to HR that I cant work regaularly overtime 12 15 hours a days including weekends and holidays. So as suggested by director of the company I am leaving from the site and company.
I have been mentally tortured by the Company.
They had not mentioned any where in offer letter that I need to work all days in the week and that too around 90 hours a week (appr).
I have totally been cheated by the company.

I would have never left the company but as they were forcing me to work overtime without public holidays, I have been left with no other option.

Now the company has sent me a legal notice to pay the amount of 2 lakhs mentioned in the bond or they will take legal action against me.


   I request for suggestions for what to do further in this regard and also reply to the notice received.

Thanks.

Offline am

  • Jr. Legal Expert
  • **
  • Posts: 57
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Employee Bond - Termination
« Reply #1 on: March 11, 2016, 09:05:02 AM »
Waiting for experts to reply

Offline riteshmaity

  • Sr. Legal Expert
  • ****
  • Posts: 106
  • Karma: +1/-0
  • Labour Law Advocate in Kolkata
    • View Profile
    • Labour Law Advocate in Kolkata
Re: Employee Bond - Termination
« Reply #2 on: April 22, 2016, 08:43:24 PM »
Replies are in bold

I got offer from a Pvt Ltd software company in month of June - 2015. I accepted the offer and I joined the organisation in the month of Sep - 2015. At the time of Joining, they asked to sign a bond of 1 Year without which they informed Joining could not be completed.
I was not been informed any where in the offer letter that I need to sign bond of 1 Year.
Leaving no other option, as I left my previous Job, I need to sign the bond.

Bond is not always absolute. As per Supreme Court verdict, a company cannot stop its employees from leaving and joining another company. Even if the bond becomes valid in the eye of law, such money can be recovered by the company from the employee through money suit. However, the company is not entitled to adjust/ deduct against the salary/ dues of the employees.


After my Joining, Company has not provided me any training as said in Offer letter(3 months Training was stated in offer letter). I was directly deputed to Client  after completion of my Joining formalities.

Have you informed them in writing that training was not provided to you?

3. Also In offer letter I have been said that I will be paid some amount as Project Allowance. But I have never received the said amount.
In this regard, I contacted HR many times on Phone call and Email, but he never responded on mail and always assured  after many tries on call that the amount will be processed within 2-3 days.
In 3 months period(Sep-Nov 2015) I have never received the above amount, while my other colleagues always received the said amount on time..

It is unfair labour practice as well as disscrimination against a particular employee (considering you were discriminated). Send them a legal notice asking for the allowance.

4. We used to work 7 days in the week and also more than 12-15 hours per day. Even on some days I worked continuously more than 24 hours. Also I used to work on National Holidays . Even when the client location was on holidays, we were called and forced to work for more than the permitted hours.
When spoke to HR, she said it is my duty to work for 12-15 hours and work for project including holidays(Voice call recorded).
In this regard I have spoken to my Project Manager, he always assured me that shift of 9 hrs will be implemented by next week and used to extend the same. So I have continued to work on his assurance.
I was not able to give time even to my family.

Depending under which act your company is registered, you are entitled to weekly off as well as working hours. The general concept is one and half day leave/ per week and not more 9 hours work/ per day. No matter what the company tells you, if this ground is violated, you can always lodge a complaint before the Labour commissioner/ inspector.

5. Due to lack of rest,  my health was affected both Physically and mentally.
Even the company did not provide Health Cards as promised in appointment letter to me and my family.
I regularly raised the Issue of working overtime with my HR and also Project manager.

You can claim the health card if your company agreed to provide during appointment. Also over time issues can be raised before the labour commissioner/ inspector.

6.In month of mid November, Director of the Company met me and one of my collegue personally and warned if we cant work these many hours, we can leave the company.
I finally decided to leave the company and waited for salary to be credited. Once my salary for the month of Nov 2015 credited, I put a mail to HR that I cant work regaularly overtime 12 15 hours a days including weekends and holidays. So as suggested by director of the company I am leaving from the site and company.
I have been mentally tortured by the Company.
They had not mentioned any where in offer letter that I need to work all days in the week and that too around 90 hours a week (appr).
I have totally been cheated by the company.

A company though wants you to work 24/7 like a bonded labour will never mention that in writing anywhere as it would lead to legal complications easily. Since you have already tendered resignation, you can ask for full and final settlement and claim statutory dues, if any.

Now the company has sent me a legal notice to pay the amount of 2 lakhs mentioned in the bond or they will take legal action against me.

Without seeing the legal notice, nothing can be replied. But it ESSENTIAL TO CONTACT A LAWYER AND GIVE A LEGAL REPLY TO THAT NOTICE failing which their claim will remain intact.

Moreover, you can send another legal notice claiming your F&F settlement and dues and also mentioning the irregular working hours/ days.



   

Linkedin - https://in.linkedin.com/in/riteshmaity
Labour law blog - www.labourlawhub.com
Email - ritesh.k.maity***at***gmail.com
Phone - 91-983-667-9309

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India