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c.dhamotharan@gmail.com (Engineer)     11 February 2015

Us visa bonds

As per Company business requirement I have nominated and apply H1B VISA on February 2013 with 1.2lakh Bond.   My petition was approved but i am not permit to apply my H1B VISA stamping on my Passport, due to Company business situation in particular unit.

Mean time I have nominated two times from other business unit in same company to stamping MY VISA for US assignment oppurnities,

But As per the guidance from mangers decision, The process is stopped means my onsite visit is stopped due to company internal requirements

I have resigned my job on 31/10/2014. .

As per the 22 months of bond period, I have completed 20months. i am forcing to pay the bond amount of 1.2lakhs.

 

 

Now Company stopped my Provident fund settlement and service order certificate.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     13 February 2015

What is your query?, your employment bond and other details are to be known t give a proper opinion or suggestions.

Kumar Doab (FIN)     14 February 2015

Hope you have printed or recorded (audio/visual/witnessed/minuted) version of everything that you have narrated.

 

You need to impress upon that  company's own decisions (one by Manager) renders the BOND void, since although you were allured to sign a Bond for foreign assignment but due to internal requirements you were not allowed.

Let us assume for a moment that due to any reason that is not posted by you or established by you................or failure at your end............the court of law decides that liquidated damages be granted..........................in such case court may decide based on Pro rated damages :::

i.e.: Rs.120000/22*2=Rs.10909/----

Delhi High Court

M/S. Sicpa India Limited vs Shri Manas Pratim Deb on 17 November, 2011

https://indiankanoon.org/doc/116592600/?type=print

 

Liquidated damages are not necessarily to be paid on demand and may have to be proved.

Moreover your counsel may opine that you should project the earnings from foreign assignment and claim loss from company.

If due to the Bond you were subjected to exploitation, harassment,rudeness, rowdiness, etc and you have the evidence………………………..project it.

If you were subjected to OT but were not paid claim it.

 

Discuss in person an able Labor Law Consultant/service matters lawyer/law firm with all docs on record.


Attached File : 937423617 sicpa international vs manas deb.doc downloaded: 125 times

c.dhamotharan@gmail.com (Engineer)     15 February 2015

Dear Kumar,

Thanks for your advise. I have mail proof for all communication between me and company.  Thank you very much for your advise.

Kumar Doab (FIN)     15 February 2015

If you have everything that you have narrated on printed/published record then you have merits on your side.

However let everything be examined by trained legal eyes of your counsel and let the merits be examined by trained legal mind of your counsel.....................and don't hesitate to approach the Union Leaders, labor Officials after consultation with your Labor Law Consultant/Service Matters lawyer/law firm....

Don’t hesitate to claim OT, in writing. Hope you have attendance record with time.

The employer should pay OT along with monthly wages on its own.

Such companies are covered by ( name of the state) Shops and Commercial Establishments Act and has to maintain proper record of In/OUT time and OT in registers/forms prescribed as per  ( name of the state) Shops and Commercial Establishments Rules…………….

The ( name of the state) Shops and Commercial Establishments Act, ( name of the state) Shops and Commercial Establishments Rules should be available on the website of Dept. of Labor of your state, alongwith contact details of officials……………………..

The Labor Inspector in local o/o Labor Commissioner might also be functioning as Inspector appointed under ( name of the state) Shops and Commercial Establishments Act and payment of Wages Act and you can lodge complaints under these Acts…….

While the company may appeal that NO OT was done and employee was not eligible for OT or employee was in office to complete the pending tasks it may not cut any ice………

 

The Dept. of Labor officials have awarded heavy compensation in various cases…….e.g.:

Pay techie Rs 12.5 lakh for sacking her, Karnataka labour department orders US-based firm

https://timesofindia.indiatimes.com/city/bengaluru/Pay-techie-Rs-12-5-lakh-for-sacking-her-Karnataka-labour-department-orders-US-based-firm/articleshow/45034667.cms

  

The employee’s unions and Trade Unions can take up your cause.

The trade Unions like CITU/INTUC/BMS/AITUC are willing to embrace the employees………..

Many political parties started wings for IT employees………….e.g. Shiv Sena…….

Employees are a huge vote bank and no political party and govt. can ignore…..

 

The contract that you have quoted might be violative of  standing orders (certified?model). Employer personally is held responsible for faithful observance of standing orders…….and can be penalized for violation.

The employees in IT/ITeS sector felt that unions and unity is not for them and becoming member shall lower their status.

The employees that are not united are like sitting ducks and are susceptible to exploitation.

The united employees in your sector have done many goods jobs.

 

 Young Tamil Nadu Movement(YTNM) 

Forum for IT Employees (F.I.T.E) brings together employees of various IT and ITES companies. 
Platform to speak out 
https://fite.org.in/contact-us/

https://www.fite.org.in/

LabourStart logo. 
Where trade unionists start their day on the net. 

 

Trade unions urge IT employees to sign up

New Democratic Labour Front (NDLF)

IBM Global Union Alliance

National confederation of ITeS employees’ unions launched

information and communication technology (ICT) employees 

National ITeS employee unions' body

IT and ITeS Employees Centre (ITEC)

Trade unions in Indian IT industry

TRADE UNIONISM IN INDIAN BPO-ITeS INDUSTRY:

Union of It & ITES employee


https://www.facebook.com/AgainstTCSLayOff

https://www.labourstart.org/india/

https://www.thehindu.com/news/cities/chennai/trade-unions-urge-it-employees-to-sign-up/article6773788.ece

https://itnitesunion.wordpress.com/

https://www.thehindubusinessline.com/features/smartbuy/tech-news/national-confederation-of-ites-employees-unions-launched/article6648709.ece

https://www.business-standard.com/article/companies/national-ites-employee-unions-body-114113000764_1.html

https://www.itecentre.co.in/node/88

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/252555260.html

https://www.isleijle.org/ijle/issuepdf/0450c1fc-ea44-4cc6-a12b-b2235839ae55.pdf

https://www.facebook.com/pages/Union-of-It-ITES-employee/180803218772401

 

 

State of Karnataka has made it mandatory to have GRC (Grievance Redressal Committee) in each company that would have equal number of representatives from employees.

ID Act already has a provision for ‘Works Committee’ and this committee is an authority under ID Act and has President from Employee’s side.

THE INDUSTRIAL DISPUTES ACT, 1947 : CHAPTER II: AUTHORITIES UNDER THIS ACT: 3. Works Committee.

 https://pblabour.gov.in/pdf/acts_rules/inustrial_disputes_act_1947.pdf

 

 


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