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Author Topic: I broked a bond for relocating to my home location due to family issues  (Read 846 times)

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Offline cdecent70@gmail.com

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Respected Sir,
I had worked with one of the company located at Ahmadabad as a Sr. Php Developer.
Even I am experienced person in this field with 2-3 years of work experience the HR asked me to sign the bond but as I was experienced person so I refused to sign a bond after that founder of company called me and he told me that bond is just a joining formality if in any valid reason you left the job we will give you money back,we are understanding persons an all. I had sign bond with 1 year and they keep my
first salary as a bond amount and told me that if i'll leave the job then they will return back it to me for valid reason occur and the bond in not on any stamp paper its simple company letter-pad.

Now the situation become unworthy.The complaint is about mentally harassment,The Project manager forced me to work in late
nights (more than 9 hours per day) and also give some extra works so under pressure I have to follow their requirements and even
my work is proper then also they torturing me and their misbehavior can't be tolerable.

Still I continue the work but in between I had got some family issue problem so i have to resign from that company after 7 months of joining and go back to Mumbai
which is my Home location.
Now I requested them to give my bond amount as I am left the job due to valid reason and also I serve notice period also given by
company.

But they refused to it.
Is their any way for getting my bond salary?

I am writing you with the hope that the matter discussed should be kept confidential.

I Request you to kindly give me your valuable suggestion on the same.

Thanking You,
With Warm Regards

Offline riteshmaity

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REPLY IN BOLD

Respected Sir,
I had worked with one of the company located at Ahmadabad as a Sr. Php Developer.
Even I am experienced person in this field with 2-3 years of work experience the HR asked me to sign the bond but as I was experienced person so I refused to sign a bond after that founder of company called me and he told me that bond is just a joining formality if in any valid reason you left the job we will give you money back,we are understanding persons an all. I had sign bond with 1 year and they keep my
first salary as a bond amount and told me that if i'll leave the job then they will return back it to me for valid reason occur and the bond in not on any stamp paper its simple company letter-pad.

In general sense, bond/ agreement to restrain an employee from leaving the company and even joining competitor is illegal in India. At maximum the company can recover the amount of cost of any special training, if any, given to the employee through enforcement of bond/ agreement.

In your case, any writing on a company letter pad cannot be termed as bond/ agreement. But saddest and stupidest part of your case is that you have deposited one month's salary. Even asking an employee to deposit one month's salary or any money or any original documents is also illegal. However, since you have already paid the money, only way to recover such money is by way of sending legal notice and then through money suit. (but you have to decide how much you are willing to pay for legal expenses for the purpose of recovery of one month's pay)



Now the situation become unworthy.The complaint is about mentally harassment,The Project manager forced me to work in late
nights (more than 9 hours per day) and also give some extra works so under pressure I have to follow their requirements and even
my work is proper then also they torturing me and their misbehavior can't be tolerable.

Still I continue the work but in between I had got some family issue problem so i have to resign from that company after 7 months of joining and go back to Mumbai
which is my Home location.
Now I requested them to give my bond amount as I am left the job due to valid reason and also I serve notice period also given by
company.

Since you are in IT field, I presume your company is covered under Shops & Establishment Act. The said Act prohibits working for more than 48 hours per week (vary from state to state). If it is violated, you can lodge complaint.

But they refused to it.
What they have refused? Your resignation or one month's salary or both? Have you asked them in writing? Is there proof of acknowledgement of such writing?

Is their any way for getting my bond salary?
First ask politely. Second send legal notice. Third file a money suit.

I am writing you with the hope that the matter discussed should be kept confidential.

I Request you to kindly give me your valuable suggestion on the same.

Thanking You,
With Warm Regards
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

Offline cdecent70@gmail.com

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REPLY IN BOLD

Respected Sir,
I had worked with one of the company located at Ahmadabad as a Sr. Php Developer.
Even I am experienced person in this field with 2-3 years of work experience the HR asked me to sign the bond but as I was experienced person so I refused to sign a bond after that founder of company called me and he told me that bond is just a joining formality if in any valid reason you left the job we will give you money back,we are understanding persons an all. I had sign bond with 1 year and they keep my
first salary as a bond amount and told me that if i'll leave the job then they will return back it to me for valid reason occur and the bond in not on any stamp paper its simple company letter-pad.

In general sense, bond/ agreement to restrain an employee from leaving the company and even joining competitor is illegal in India. At maximum the company can recover the amount of cost of any special training, if any, given to the employee through enforcement of bond/ agreement.

In your case, any writing on a company letter pad cannot be termed as bond/ agreement. But saddest and stupidest part of your case is that you have deposited one month's salary. Even asking an employee to deposit one month's salary or any money or any original documents is also illegal. However, since you have already paid the money, only way to recover such money is by way of sending legal notice and then through money suit. (but you have to decide how much you are willing to pay for legal expenses for the purpose of recovery of one month's pay)



Now the situation become unworthy.The complaint is about mentally harassment,The Project manager forced me to work in late
nights (more than 9 hours per day) and also give some extra works so under pressure I have to follow their requirements and even
my work is proper then also they torturing me and their misbehavior can't be tolerable.

Still I continue the work but in between I had got some family issue problem so i have to resign from that company after 7 months of joining and go back to Mumbai
which is my Home location.
Now I requested them to give my bond amount as I am left the job due to valid reason and also I serve notice period also given by
company.

Since you are in IT field, I presume your company is covered under Shops & Establishment Act. The said Act prohibits working for more than 48 hours per week (vary from state to state). If it is violated, you can lodge complaint.

But they refused to it.
What they have refused? Your resignation or one month's salary or both? Have you asked them in writing? Is there proof of acknowledgement of such writing?

Is their any way for getting my bond salary?
First ask politely. Second send legal notice. Third file a money suit.

I am writing you with the hope that the matter discussed should be kept confidential.

I Request you to kindly give me your valuable suggestion on the same.

Thanking You,
With Warm Regards

First of all Thanks a lot for your proper answer explanation related to my issue.


Yes I got my relieving letter and experience letter from the company but didn't get that one month bond salary and there were nothing some special training for me because of my experience.
I also cracked interview process there so no doubt on this.


Now please suggest that how to send legal notice on this and please give me details process about the same(types of documents needed) and if that doesn't work then also suggest what the next step towards it that is for money suit process and how much cost it will take approximately.
Currently I'm in Mumbai at my home location but the company location is Ahmedabad so there is need to do all this things from Ahmedabad or can be done form Mumbai also?
and for legal notice is their any online procedure available for this matter?



Thanks once again for your valuable time and suggestions.

Offline riteshmaity

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For that your bond, appointment, resignation, relieving letter has to be perused first.
If the company does not pay after the notice, then you have to initiate the legal proceeding before the court.

It is difficult to give an estimate of legal expenses as well time, as it various from region to region. You can contact someone from the local jurisdiction for file the case.

First, send a legal notice. It does not matter from where it is sent. If you wish, you can contact me.
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Email - ritesh.k.maity***at***gmail.com
Phone - 91-983-667-9309

Offline cdecent70@gmail.com

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Thanks for showing your interest in my help

As per your reply I send the request mail to company and in reply they send me a mail with one advocate in cc.
and they said to the advocate that,

They want to start a legal action against me.
He wants to file a law suit against me for damaging company's reputation by breaking the agreement of completing 1 year.
In addition told that they spent lots of time and energy in training me.So when I left the job at that time they had multiple projects in pipeline which they took considering with my availability.
My actions has put their clients in jeopardy and They lost huge amount of business loss.

And they have all proof regarding my agreement and all the client communication which proves the loses they incurred.
Also they include that they can file a case against me as damaging their reputation against their employees and they have some proof and camera recordings of this.

And he ask his advocate to send me notice as soon as possible if they don't receive formal letter of apology from me.

Offline cdecent70@gmail.com

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Now please suggest what do on that reply of mail...
and what are the chances of loses I have to suffer from them as in mail they mentioned to recover 5 lakh INR from me please reply for the same and can I send the notice now after this mail reply of the company.

Offline riteshmaity

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Before they send you a legal notice for breaking the bond, you send them a legal notice for illegally threatening you and harassing you for recovery of bond money.

The one who sends a notice first will have some additional bonafide in the proceeding. Nothing more than that though.

I am not sure of the content of your email as well as the content of their reply (not your version but the exact wordings)

The situation needs intervention of a lawyer. Please contact an able lawyer and consult him with all documents.
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Offline BHANU PANT

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experience letter and pf after resigne
« Reply #7 on: July 22, 2016, 04:14:12 AM »
Dear Sir;
I was employee of HCL infosystems from sep 2011 to may 2016. in 15 may 2016 I was resigned and accept by manager.
I send a mail to HR and they replies to me that after 21 days my FNF settlement will be done.
but now they told that I resigned in PSA(bond) time. they asked for fill amount.in july 2013 I fill documents for confirmation. but in these documents the bond (time/amount) was not mentioned if bond time is july 2013 to jun 2016 .what is the procees that I get my pf and experiance letter. please give me suggeste.

thanks and regards
bhanu

Offline riteshmaity

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Re: experience letter and pf after resigne
« Reply #8 on: July 22, 2016, 07:17:14 PM »
Reply in bold


Dear Sir;
I was employee of HCL infosystems from sep 2011 to may 2016. in 15 may 2016 I was resigned and accept by manager.
I send a mail to HR and they replies to me that after 21 days my FNF settlement will be done.
but now they told that I resigned in PSA(bond) time.
Have they asked you in writing? Your appointment, resignation and acceptance letters need to be looked into. However, it seems that these will not create much differences in your case if you have a clear acceptance.


they asked for fill amount.
What is fill amount?

in july 2013 I fill documents for confirmation. but in these documents the bond (time/amount) was not mentioned if bond time is july 2013 to jun 2016 .
Without seeing the copy of the bond, it is difficult to advice.


what is the procees that I get my pf and experiance letter. please give me suggeste.
For PF, approach EPFO or apply online (kindly check the current site). Send a letter to the company to issue an experience letter. What about your other dues? Is there any other dues?


thanks and regards
bhanu
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

 

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