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Yaswanth@123 (SE)     26 October 2015

Employee agreement bond

Hi, Everyone. I have signed a 3 year agreement bond for my company because they said we would be going through training. But I was not trained till the time, it's been over 1.3 years. Now they included me in support team and asking for me to work on shifts. As I am not satisfied with the work and shift timings I resigned and now serving 3 months notice period. As per bond I need to pay 2 lacs for breaking. So now they are denying to give revealing letter without paying the 2 lacs. As I have not undergone any training do I still need to obey that rule. Please give me solution on how can I get revealing letter without paying any amount ? I have another offer and they are asking for revealing letter.



Learning

 14 Replies

siddhartha sinha   26 October 2015

Training does not mean a specific classroom type. It also means on job learning. You have worked for more than year you have gained experience, hence you are trained. I am afraid there is no way you can leave satisfactorily without payment. You may politely insist with concerned department using your rapport to consider your case.

Kumar Doab (FIN)     26 October 2015

The bondage and bonded labor has been abolished in India.

If employer want employee to handle its counters then employer has to part the process/knowledge/startegies etc with employee.

The employer has to enable the employee to handle its counters.

 

The agreement/bond was purported to be drafted in lieu of what extar ordinary benefit? Accroding to you it was for  some training!

According to you no certified training that added to your qulaification or xceptional skills was provided, hence the agreement/bond shuld become unconcienable, void.

 

In establishments like banks which claim that they provide specialized knowledge the court has decided to refund the liquidated damages.

Such queries have been discussed in many threads at LCI e.g;

 

 

 

https://www.lawyersclubindia.com/experts/Payment-of-indemnity-bond-419196.asp#.Vf45Zn1-jMo



https://www.lawyersclubindia.com/experts/Indemnity-Bond-12811.asp#.Vf46IH1-jMo



https://www.lawyersclubindia.com/experts/Indemnity-bond-314361.asp#.Vf46PX1-jMo
 

https://www.lawyersclubindia.com/experts/Issuance-of-no-objection-certificate-for-outside-employment-561211.asp#.VgZiR31-jMp

 

 

You may write a suitable drafted letter to good offices of appointing authority,MD that no training/knwoledge was provided and you have been asking to cancell the agreement/bond.....................and try b y applying your reasoning,persuasion,persistence, skills.

 

If you are unable to resolve on your own, you may lean on employee's/trade unions and your able counsel.

 

 

 

 

 

Yaswanth@123 (SE)     27 October 2015

Thank you for your valuable reply. so my quick question is if they denied to give reviling letter. how can i go ahead with legal actions. will it work out? how many days it leads to ?

Note: When we signed contract there is no bond value it was simple paper with content written they may be attached bond value(like 100INR) later.

Kumar Doab (FIN)     27 October 2015

The threads mentioned above provide exhaustive information. You may show all docs on record to an able counsel and your counsel can opine on merits,remedies and answer any query that you may have.

Adv. Yogen Kakade (+ 91 9225510883)     17 November 2015

Hi, 

Normally companies execute the contracts with their employees on a simple paper which does not have stamp paper attached to it. Stamp paper means the tax / duty paid to the government for the authentication of any such contract. If the said contract of yours is not with Stamp paper attached to it then can be produced before the court as an evidence but it is certainly not enforceable by law. A proper Contract which is duly paid stampduty and which has been registered can be a strong evidence in the eyes of law.

Generally, the format of such contract is not specific and it is a printed one same for all emplyees. Only few columns like designation and remuneration are filled.

The employer executes the agreement with employees for his own safety. Though Indian employment Laws do not allow restriction on joining the competitors.

It is advisable in your case to serve a proper legal notice to the company through your lawyer.

Adv. Yogen Kakade

Pune

juryconincorporation@gmail.com

www.juryconn.in

Yaswanth@123 (SE)     17 November 2015

Hi,

Thank you for your valuable Suggestion. I will go for proper legal notice to the company. Can you please tell me generally how many days the case leads to get my reveling letter. The reason to ask this question is my next employer asking for reveling letter to submit. Please Help.

Thanks in Advance

Adv. Yogen Kakade (+ 91 9225510883)     17 November 2015

Hi,

In your case the Legal process might take a time but you have to initiate somewhere. I feel that you can raise your issue by submitting your case at the office of the Labour Commissioner in your city. You can try.

Adv. Yogen Kakade, Pune
juryconincorporation@gmail.com
www.juryconn.in
      

Yaswanth@123 (SE)     17 November 2015

Hi,

Thanks Again for fast reply. I am not aware much of all these procedures following. can you give me contact details of any of your advocate friend who stays in hyderabad, so that i can approach him and he can help me with notice and all.

thanks.

Adv. Yogen Kakade (+ 91 9225510883)     17 November 2015

Hi,

You can make the enquiries on your own at these offices. You can find the address and the phone numbers just by searching for the Chief Labour Commissioner, Hyderabad. Ask for the concern person for your issue.. meet the right person at that office and put your issue thoroughly and confidently. See what they can do for you.. There is nothing wrong in fighting for your own rights. And if dont get justice there, then the doors of the court are always open for you.

Be confident and go ahead.. All the best.

Adv. Yogen Kakade
juryconincorporation@gmail.com
www.juryconn.in
     

Yaswanth@123 (SE)     17 November 2015

Thank you for your boostup speech. :)

Kumar Doab (FIN)     17 November 2015

Usually it is paid consultation.If you are determined then some suggestions can be made.It shall be prerogative of the expert to counsel you. You may confirm.

Yaswanth@123 (SE)     18 November 2015

Hi Kumar Doab, I have no objection for paid consultation. all i want is justice at minimal time and want my reveling lettet to join new employer. so please provide me more details to contact and other details to follow.

Thanks.

Kumar Doab (FIN)     18 November 2015

Is it possible to send the bond and other docs for examining? Shall revert to you.

Yaswanth@123 (SE)     18 November 2015

Hi Kumar,

Please tell me what are the documents you need for examination. i can send you xerox copy of bond and other documents if u asked for. please post me your email address. i will sent you in mail.

Thanks


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