Hi I am sorry i am not understanding. if you dont mind can you please list out the things you want to know so that i can answer you point to point wise
Thomas Smith (HR) 09 December 2016
Hi I am sorry i am not understanding. if you dont mind can you please list out the things you want to know so that i can answer you point to point wise
Kumar Doab (FIN) 09 December 2016
Querist@ Thomas Smith,
Pls go thru the posts carefully and slowly.
I am trying to help you.
Kumar Doab (FIN) 09 December 2016
Being a HR person you are better placed to understand the finer nuances compared to employee that is not from HR/Legal background.
Post full fcats and reply to the points raised.
Kumar Doab (FIN) 09 December 2016
In the meantime you may go thru the threads and post from another querist from HR background:
https://www.lawyersclubindia.com/forum/Want-to-get-early-relieving-from-employer-144737.asp https://www.lawyersclubindia.com/forum/Options-to-getting-early-relieving-with-employer-141860.asp https://www.lawyersclubindia.com/forum/Clause-for-medical-leave-at-notice-period-142109.asp https://www.lawyersclubindia.com/forum/Notice-period-under-employment-law-144747.asp https://www.lawyersclubindia.com/forum/Employer-not-releasing-gratuity-144779.asp
Samarpan (M)99958670740 (Free legal advice and legal aid cell) 09 December 2016
As you have not got any training during your probationary period, the clauses in the employment bond related to deposit of certain amount in the event of resignation dudring probationary period, will not be legally binding on you. But withholding your original certificates and demanding certain amount by the employer is absolutely illegal because this particular act on the part of the employer is infringing your fundamental right of choosing the profession you like and keep you to confine with the organisation. So, write a registered letter to the employer to return your originals by registered post and if they fail to do so, you have to file suit to recover the certificates from the employer. There is no other way. If the employer still insists that return of original is connected with the deposit of that amount and takes same plea in the court, the court will direct the employer to return the originals at the first instance and if the employer still feels he has a legal right to get that amount from you, ask him to file a money recovery suit, if he deems fit.
Kumar Doab (FIN) 09 December 2016
The employer can not have any lien on educational certificates of employee.
You can lodge police complaint.
Prior to that demand original reciept, authenticates copy of the document of Rs.100/ syamp paper on whihc your signatures were extracted ( so called Bond).
Also explain in this thread, the harassment for salary and work atmosphere etc ..............
All of these may become misconduct on part of bosses/emplyer and render the employer as unworthy of being employed with....
Ritesh Maity (Labour Law Advocate) 09 December 2016
1. Bonds are generally illegal. It cannot be used to bind an employee. If the company has provided any particular/ special trainning, then they are only allowed to recover the cost of training through these bonds.
2. Employers cannot keep any original documents in their custody in order to retain the employee. For such act, it is an offence and you SHOULD immediately lodge a complaint to the police station stating that your employer is withholding your certificates illegally. Before that intimate your company in writing (keep proof) and demand your orginal documents at the earliest.
Thomas Smith (HR) 09 December 2016
Thank you Kumar. I got valuable information through the links you provided.
Thomas Smith (HR) 09 December 2016
Sure i will do that on monday.
Thomas Smith (HR) 09 December 2016
Thank you Ritesh. I will ask for original proofs on monday and i will proceed legally.
Thomas Smith (HR) 09 December 2016
Thank you Samarpan.
Kumar Doab (FIN) 09 December 2016
Once you get the authenticated copy of Bond or atleast a reply in writing come back.
It is almost sure that the Line Managers/HR etc shall resort to verbal communications and you shall need to record.