Absconded inspite of having a bond
Karthik
(Querist) 30 September 2013
This query is : Resolved
Sirs,
I joined a private organization in last july and worked till august end. Till I was there, I was not at all doing jobs relating to my field of studies in my college. Initially, i signed a bond for 2 years. Else i've to pay 2 lakhs. I couldn't stay there only. Also, they didn't mention anything regarding working hours. Its almost 13 hours a day and 6 and a half days a week. Hence i decided to quit. But, now i've a fear that i might get a legal notice to pay 2 lakhs. I kindly need your advice sir. Should i face it legally or go to company n face it by myself? I am ready to pay expenses incurred by me. I worked for like only one and a half months. For that i can't pay 2 lakhs right? Thats why sir. Kindly help me. That will be really helpful for me..
P. Venu
(Expert) 01 October 2013
Has the imparted any training to you or deputed you for any course?
V R SHROFF
(Expert) 01 October 2013
Did they incur expenses to train you for ue job??
Karthik
(Querist) 01 October 2013
@Shri P. Venu: Sir, they didn't give me any training initially. They told me to go for the job. i didn't understand head or tail only. After two months, they are calling me for two weeks training in delhi which is far far away from my home town. In that training too, they are going to talk about all civil things and i'm a mechanical guy. mechanical based talk is going to be there for only one day among two weeks. I'm so worried why i'm in a job thats completely unrelated to what i learned for four years
Karthik
(Querist) 01 October 2013
@ V R Shroff sir: Sir, they didn't give me any training initially. They told me to go for the job. i didn't understand head or tail only. After two months, they are calling me for two weeks training in delhi which is far far away from my home town. In that training too, they are going to talk about all civil things and i'm a mechanical guy. mechanical based talk is going to be there for only one day among two weeks. I'm so worried why i'm in a job thats completely unrelated to what i learned for four years
Kumar Doab
(Expert) 01 October 2013
Compile copy of the job advertisement, interview call letter, selection letter, offer letter issued on selection, appointment letter issued on joining, bond/service agreement signed by you, attendance record, and any other document even if by email that may be pertaining to this employment……………………………and show these to your lawyer.
Which was the post you had applied for and which post was offered to you and you were appointed at which post.
If the employer has not incurred any expense on specialized training that added to the qualification of the employee, provided some extra ordinary skills employer may not succeed in establishing reasonableness of the matter and reasonable amounts……………………..
Even if work hours are not stated in appointment letter, the work hours/office hours, opening/closing hours are stated in enactments applicable to the establishment and are declared by establishment to the lawful authorities e.g. Shops and Commercial Establishment Inspectorate, local o/o Labor Commissioner……………………………..etc
The enactments like Shops and Commercial Establishment Act of the state clearly describe the Over Time, wages/compensation for the work done on holidays/off days………………………………….Go thru this enactment of your state, and claim OT.
The claim for OT should be lodged in reasonable time. So claim OT.
8 Hours/day is the work hours and above it OT should be paid.
NO company can put an employee to work for 13 hours/day…….everyday.
National and Festival Holidays Act clearly describes the compensation for work done on festivals/holidays/gazetted holidays/national holidays etc ………………..and substituted holidays and compensation to be given to the employee…………………
You may go thru this enactment as applicable in your state and claim compensation.
Do not abscond. It is misconduct. The company would be happy to proceed to terminate and may claim loss, breach, notice pay, bond money etc…………….
Conclude that you were made to work at position which was not applied for by you and was not in line with your qualification/education/career objectives, no training for this work was ever given, for 13 hours/day ( cite from attendance record) OT was not paid, compensation for work on off days/holidays, substituted holidays etc was not given………………………..Thus provide evidence and conclude that employer breached the confidence/contract and is unworthy of being employed with……………………………….
Resign properly and under acknowledgment.
All said and done employer should also and always inquire about employer, company, its ranking, reputation, standing, leadership status, HR practices, service conditions in advance and consult elders, lawyer/law firm before signing on the dotted line in haste……………………..
It is better to consult in advance than to repent later.
One and half month is too short a time to separate for employer and employee.
If company issued a legal notice approach your lawyer and let your lawyer submit a fitting reply to the notice. The matter may end there and company may not proceed further.
If the matter lands up in court of law the court shall decide reasonableness of the matter and reasonable amounts……………………..if any.
Rajendra K Goyal
(Expert) 01 October 2013
Well advised by the expert nothing more to add.
Raj Kumar Makkad
(Expert) 01 October 2013
I do endorse the advice of the experts.
P. Venu
(Expert) 04 October 2013
The so called training so far given to you does not authorise the company to enforce the bond if you leave the job. However, the terms of your appointment and the bond signed by you, in all probability, may contain a clause for arbitration enabling the company to appoint the sole aritrator at their discretion and a place of their choice. Defending yourself in the proceeding is not that easy. You have got fair chance to succeed, but at a cost. Decision is yours.
But more important is your life and your career. Leave the job if it is not your cup. Don't abscond, but inform the company of your compulsions and the how job is not suited for you.
If the company chose to enforce the bond or go for arbitration, the issues could be sorted out at that time.
Guest
(Expert) 05 October 2013
Mr. Karthik,
When you have not got any notice so far, it is not understood, why you are worried for the present. You can reply the notice by mentioning the reason of irrational working hours for leaving the job.
So far as your mention that "I was not at all doing jobs relating to my field of studies in my college," I may clarify that no organisation ensures that the job should be to your taste only and as per the study you would have undergone in your college. Any employee has to do job as per the business requirements of the company, not to the taste of the employee.
So far as the issue of working hours of "13 hours a day and 6 and a half days a week" is concerned that of course was irrational and illegal, if you were posted on a non-executive post.
So, you could better have ascertained from the interviewer or by meeting with the existing employees to know about the nature of the job and working hours before signing the bond.
Of course, you could well have raised the issue of irrational working hours by bringing the fact in notice of the company in writing and would have tendered your resignation with the said reason tending to create some evidence in your favour.
Leaving the job abruptly and absenting from duty may not go in to your favour. Absconding from the duty in your last employment can also affect your future employments, as no employer takes lightly the instance of absconding of his employer.
However, when you get any notice from the company, you must consult some local expert and let him examine critically the terms and conditions of your employment to help you draft reply to the notice.
Pradeep
(Expert) 07 October 2013
i agree with the advice posted by Kmar Doab. first of all, i have serious doubts if they would ever think of persuing legal remedies against you, as this might cost them more than your bond amount itself and another 5 years to get the remedy. Even if they do, its true that no company can make its employees work beyond 10 hours a day, as per the existing laws in most of the states in India. Having said that, i have a question for you, in case the matter goes to the court, what documents do you have to establish that they made you work for 13 hours a day?
