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Author Topic: Employment Agreement and mentally harassment  (Read 1396 times)

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Offline Kapil_Singh

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Employment Agreement and mentally harassment
« on: May 23, 2016, 12:57:35 AM »
Please provide me the information on following matter I described here under:

This is in regards to my employment with one of Gurgaon based IT Company DCM Data Systems Ltd.
Please take your time to read it completely to get the clear picture what I really want to ask, its like a long boring story but I tried to write it in very short.
Letís start with my quick professional Introduction.
My Name is kapil singh, staying in Indirapuram Ghaziabad. Iím having 4.6 years of total Experience in Linux Server Administraion. Linux is my core skill. My current skill level is L2 and Iím hired by DCM Data Systems Ltd  to work on L2 cum L3 level at IBM client site.
I joined this company in May 2015 as a specialist, it was under a hire and trained program. I was hired to work with IBM, on the payroll of DCM Data Systems Ltd. Hence all the mail communication and hiring process was done with the name of IBM.
But here DCM shows some clevery and asked me to sign 2 years long bond with company (without disclosing IBM in offer letter)  by saying that its our clientís (IBM) requirement to sign the bond. I simpally signed the bond without even thinking that what could be the worse results it may produce.
DCM started giving me training (2 months long training) starting from May 2015. In the meantime I had gone through the mid term assessment and final assessment organized by IBM at B-19, IBM India Pvt. Ltd., sec-62, Noida. I cleared both assessment and now itís the time to on boarding at IBM.
Here is the game beginsÖ..
Due to some certain reasons DCM couldnít make my on boarding possible with IBM and that is where I entraped in fight between DCM and IBM.
DCM make me sit on its bench from july 2015 and it kept continue till Jan 2016
For a employee having 4 years of IT experience, its very hard to sit on bench. I was sitting idle for 7 months without doing anything. I was loosing my skills and my career with DCM seems going into dark. There is no career left with DCM. The days were passed by, thinkg that very soon I will be deputed to IBM.
One day DCM came up with a surprise that we are gonna depute you to one of our client MotherDairy. On this site there is no work related to my profile (Linux) and the lavel as well. One have to perform only monitoring related tasks which can even a L0 or L1 level of engineer can perform.
I protest againt my deputation to MotherDairy by saying that Iím hired to work with IBM only so how can you deputed to any other client. And more than this, there is no work related/matched to my profile and level. I will loose my skills while working there. But they forced me out to go and joined at motherDairy. I denied with my full potential but in the end they told me that you have signed bond with us and we can depute wherever we want to.
Tell me one thing if I signed a bond then does that mean you will treat with me like your slave and do whatever you want to with me..??
They threaten me by saying that company can take any legal action againt you if you will deny to join MotherDairy because you are in bond with us.
Hence they forcefully deputed me at MotherDairy, and from Jan 18, 2016 onwards Iím working here.
Every day passed by, Iím feeling mentally harassed while working here. I feels my career is spoiling due to this hell company DCM. A person whome supposed to work as a L2 cum L3 level is now doing L0 kind of tasks just because of this bond.
So please help me out and show me the right way.They are spoiling my career as its been more than 1 year I didnít perform my profileís related work. Iím loosing my skills day by day.
Here are the questions on which I need the answers, please help me out.
Q1:- How could I get rid out of this bond..??
Q2:- What could be the higher leagal action DCM can take against me if I stopped working here..??
Q5:-  Which actions I may take if they keep doing my mentally harassment..??

waiting for your valuable response over this
Kapil Singh
Mob - 9555213189

Offline riteshmaity

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Re: Employment Agreement and mentally harassment
« Reply #1 on: May 23, 2016, 08:50:28 AM »
Your queries have been replied by me in the other forum. Kindly check that.
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Offline advocate_Labour Laws

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Re: Employment Agreement and mentally harassment
« Reply #2 on: June 12, 2016, 11:30:40 PM »
Hi Gentleman,

In absence of documentary proof like your appointment letter and copy of bond what you have endorsed it could be unprofessional to advise.

You may also check that any Code of Conduct or personnel policy prevails in the company that you named.


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