Bond brekage - gurantor signed - no training given

First point, the bond condition is broken by the company itself, if they have not given any training. Secondly, if you have communicated your resignation, it must be accepted and any recovery process is independant. Thirdly, you are entitled for gratuity and the Company has no right to hold it howsoever. Also the guarantor is liable only if the employer has fulfilled its obligation and if your claim that there was no training given, then he is not liable. If the arbitration clause was accepted in the bond,  you need to raise the whole matter by way of an affidavit before the arbitration proceedings and your uncle/guarantor can join the affidavit. Consult a known lawyer for drafting the affidavit, for drafting the affidavit. ALso file an application for production of all necessary documents by the company.

Separately, raise a claim for gratuity before the competent authority (Assit. Commission of Labour - the Labour Department where the Company is located. You can also file a complaint for unpaid wages with the labour commissioner under the Payment of Wages Act.

vasudevan

It shall be appropriate if you post the copy of overseas deputation agreement and bond signed by you.

You are opting out of the bond. You have good intention of paying the bond amount hence you are a good employee. Company is declining to pay the dues to be paid by them e.g. salary, leave encashment, etc. The intentions of the company are bad. Company can not decline to pay your earned wages.

Company deputed you for offshore assignment and made you to sign a document titled "overseas deputation agreement"

You have posted "In the bond they have mentioned as Training/Onsite assignment. I never got any training with the company nor the client i worked." Hence there is no training.

You have resigned from abroad and it is you have traveled on ticket and visa arranged by company. You may agree to settle these expenses, in place of fixed amount of Rs.2.5 Lacks. What is the revenue and profit generated by you and do you have statements showing profit generated by you, justifying the expenses incurred on you?

You are entitled for gratuity and PF. You can submit forms for transfer of PF direct to concerned PF office duly attested by one of the designated authorities’ e.g bank manager/gazetted officer.

You have already submitted your resignation. Do you have the acknowledgment? You may submit the reminder of notice of resignation by registered post/speed post, and obtain the POD from concerned Post office.

Have you received any notice from company regarding charge that you are absent/ absconding? You should reply to it, under acknowledgment.

If, you have accepted clause of arbitration, and that the sole arbitrator shall be appointed by company, on the strength of the same company can opt for arbitration. You may ask to choose the arbitrator from ICDAR ( Govt agency)

https://icadr.nic.in/

Your uncle can take a call on to receive or not or to change the address.

It shall be appropriate to approach a competent and experienced service lawyer as ap with all documents and records.

You have committed the mistake which many of the employees make and now your uncle is also involved. One should always consult before signing on the dotted line than facing difficulties later.

It shall be appropriate if you post the copy of overseas deputation agreement and bond signed by you.

You are opting out of the bond. You have good intention of paying the bond amount hence you are a good employee. Company is declining to pay the dues to be paid by them e.g. salary, leave encashment, etc. The intentions of the company are bad. Company can not decline to pay your earned wages.

Company deputed you for offshore assignment and made you to sign a document titled "overseas deputation agreement"

You have posted "In the bond they have mentioned as Training/Onsite assignment. I never got any training with the company nor the client i worked." Hence there is no training.

You have resigned from abroad and it is you have traveled on ticket and visa arranged by company. You may agree to settle these expenses, in place of fixed amount of Rs.2.5 Lacks. What is the revenue and profit generated by you and do you have statements showing profit generated by you, justifying the expenses incurred on you?

You are entitled for gratuity and PF. You can submit forms for transfer of PF direct to concerned PF office duly attested by one of the designated authorities’ e.g bank manager/gazetted officer.

You have already submitted your resignation. Do you have the acknowledgment? You may submit the reminder of notice of resignation by registered post/speed post, and obtain the POD from concerned Post office.

Have you received any notice from company regarding charge that you are absent/ absconding? You should reply to it, under acknowledgment.

If, you have accepted clause of arbitration, and that the sole arbitrator shall be appointed by company, on the strength of the same company can opt for arbitration. You may ask to choose the arbitrator from ICDAR ( Govt agency)

https://icadr.nic.in/

Your uncle can take a call on to receive or not or to change the address.

It shall be appropriate to approach a competent and experienced service lawyer as ap with all documents and records.

You have committed the mistake which many of the employees make and now your uncle is also involved. One should always consult before signing on the dotted line than facing difficulties later.

Regret that due to distruption in internet connection post was submitted twice.

Learned Mr. vasudevan has given valuable advice. Kindly follow it and act immediately.

Thank You sir ,for your valuble suggestions.i have attached the document as page 1 and page 2.

Sir they didnot gave me any training,but in the bond they have mentioned training/onsite. But in onsite i have almost worked for 15 months and i was totally in billable position. But i dont have any documentary evidence for that,but i can take a letter from client saying that i was working for client. but i have a letter which they gave me for immigration purpose that i will be working for so and so client. thats  given on the letter head of the compay with higher officials sign on it. 

Sir as you mentioned i can claim that they didnt give any training,but if they file the case ,i cannot travel to court. Even though i am not in India,can i continue the case? 

I didnt sent my resignation through postal,i did  this trhough email, and i got response from them that i cannot resgin in onsite and they will treat me as absconding/terminated.   After that they started the settling allowances and when i replied ,they stopped replying to my emails, and they started sending notice to my uncle. So i have only emails as the evidence.

Please go through the document and please suggest. I am ready to do the settlement,but they are not intrested and they dont want to give reliving letters.  My uncle took one letter from them.Now he is saying he will vacate the house,as on the address they dont have any house number, it just has street name and his name,as the postal person knows him,he bought the letter to him,so he says he will vacate,so from next time onwards they will send it back saying address not found.  i told him,i am communicating with the company,but he says he dont want to get involve in this as the court proceding will be held in Mumbai. Otherwise he is ready. 

Please provide your valuable suggestions.

thank you.

This message has 2nd page.

Sir as you said,can i claim for grautity and salary , to commissioner in online.

 If the arbitration clause was accepted in the bond,  you need to raise the whole matter by way of an affidavit before the arbitration proceedings and your uncle/guarantor can join

the affidavit   -  for this can i proceed to this even though i am not in india?. how will i know who is the arbitrator ?  . company lawyer has just send a letter to my uncle saying that  he needs to pay the money in 7 days with intrest, if not they will proceed to court and all expenses incurred to this also should be paid by gurantor.

 Please suggest. Thank You.

You have posted company has mentioned in bond training/onsite.

It appears that company wants to treat all work done/handled and all interactions at onsite project as training. You can better comment this was training or not? It appears that company has never supplied any communication to you that you have to attend a training from dated……………..to dated………….on subject……..at address/location……….and cost of training is app…..and sought your consent.

You have posted that all services rendered by you were billed by company to client. Bill is a record. Hence company has earned revenue and profits from your service.  When an establishment raises a bill, relevant taxes/service charges are also levied and have to be deposited with the government. Your client if does not provide you the copy of bills can make a mention about the transactions amount/cost of services raised by M/s……….and that payment has been made. Like we have RTI in India, there must be some route in your country also. You have to find your ways and means to obtain the bills or the relevant records. You can call for this record in court. The lawyers at your current location can also help you.

Your resignation has been received by company and they have replied “that i cannot resign in onsite and they will treat me as absconding/terminated.” Well they can terminate, if it is their sweet wish, but can not declare you absconding. If they wish to terminate they have to follow the process set out as per letter of appointment with/without notice. You can always contest that since company has acknowledged receipt of your resignation.

If required your uncle/lawyer can reply on behalf of your uncle also setting out the facts.

Moreover you are willing to pay the bond amount. Still the company is troubling you.

Company can not claim the recruitment charges from you. Has the company declined to deny you the payment of earned wages, gratuity, PF in writing?

You may avail the services of a competent and intelligent service lawyer to represent you.

hello sir,

in the attachement ,they mentioned training/onsite.  I never got any training. It was totally a client project. I was billable for entire period. There was no training at all,so there is no point that dates and cost of training. 

I will try to find out if that is possible sir.if i can get any bills. yes i have a written email that they have said we are not accepting your resignation and in subject they have mentioned non acceptance of resignation.

no - company didnt tell in that written email,when they called me they told me that we will not give you. but not in email.  my uncle native place is near banglore, the company is located in mumbai. is it better if i talk to some lawyer in mumbai. by chance do you have any such contacts or any link where i can get the contact info. or it doesnt matter where the lawyer is located? please suggest. thank you.

Sir, when going to onsite, i have purchase order details,where they mentioned  the employee is going to  projectat client side. this emails approvals they have used as approvals for flight ticket. but all this i have it in emails.

Has the company thru any of its personnel stated in writing that "employee can not resign on site" or it is mentioned in your appointment letter, employee handbook, standing orders, and have you accepted this condition in writing.

Do you have details of telephone numbers, date and time, from which calls were made to you and your phone number at which calls were received? Have you recorded the calls? Have you minuted the discussions and raised your objections and sought relief?

Which was your last Head Quarter in India? You may evaluate filing your complaint with o/o labor commissioner/wages inspector thru your representative/labor consultant/lawyer, and check all actions of company.

Company may state to not accept your resignation. However has the company asked to report back in writing or issued any other instruction? In service agreement/bond company has mentioned that employee has to serve for 6 months  after coming back to India.

You may click on the profiles of LCI advocates/lawyers and contact them or you may approach your near and dear ones and they may be in a position to suggest a competent and experienced service lawyer of repute to you. Your lawyer shall be able to defend you. Apparently it seems that you may succeed in getting relief.