Unsigned employment bond
SHAMMI
(Querist) 03 October 2014
This query is : Resolved
Dear Experts,
I was an employee of a Pvt. Company, which is a 100% subsidiary of an Belgium based company, dealing in heavylift equipment rental and providing engineering services. I have worked there for 27 months. After handling a huge mental pressure for a long time, one good day, i have decided to quit the company. I have resigned on 6th August, and offered a full 3 months notice to the company as per appointment policy. On 23rd of August newly joined Regional HR & my department head has called me up for an adhoc meeting and asked me to get relived by same day, without any prior notice. However they agreed to issue relieving in date of 31st August, and show 7 days on LWOP. (23rd-31st Aug.).
In past, they have always recovered the pay in lieu of waiving notice period from all the employees who couldn't serve full notice, but now when it's their turn to pay salary in lieu of early relieving, they said it's management discretion that they don't need to pay you anything in lieu of early release.
Now it's been a month, and after several reminders to the management, they have sent me an email with F&F calculation, where they have made a deduction of rs. 1,00,000 against an employment bond, which i have never signed. They have sent me to UK for a meeting, but it was not for any training or studies etc. it was just to attend several meeting with various managers in 3 week period. Now they claim to recover cost of travel through that fake bond, which wasn't signed by me, neither any of other employees have signed any bond, who were travelling with me.
Moreover they have given threat for spoiling career and give negative reference checks as well, when i said that there is no bond as such, for which i have audio recording evidences as well.
Please suggest, to whom i can complain, and which acts govern these kind of issues ? (My Monthly salary was Rs. 60,000 )
Thanks In Advance.
Dr J C Vashista
(Expert) 03 October 2014
Issue legal demand notice through a local lawyer, it is your entitlement which the company cannot retain.
Unsigned document (any) is not a document, donot worry, just ask for a copy without disclosing the fact that you did not sign the alleged bond.
Seek legal services of a prudent local lawyer to proceed in a professional manner, in your own interest/benefit.
SHAMMI
(Querist) 03 October 2014
Thank you sir for prompt response.
I have already told them that i haven't signed any such bond. however they have shown me a copy of that bond, which states that, if i leave company before March 2015 (1 year), then i will have to bear cost of travel subject to maximum limit of rs. 100000. Also the bond has numerous mistakes in typing itself. For example it says 'daughter of' instead of 'son of', in introduction clause of first party and there are many more mistakes like that. HOD has signed that document as witness as well (intentionally), because he is also a part of this conspiracy.
May i know, what could be the consequences, if i would have signed any such bond for travel (only for business meetings) which doesn't include any training or knowledge transfer ? Which law governs such kind of contracts ?
ajay sethi
(Expert) 03 October 2014
it is necessary to go through bond signed by you to advice . contact a local lawyer
P. Venu
(Expert) 03 October 2014
Such travel cost cannot be enforced through the bond.
Rajendra K Goyal
(Expert) 03 October 2014
Consult a local lawyer and show him all the documents.
Kumar Doab
(Expert) 03 October 2014
Repeated Query:
http://www.lawyersclubindia.com/forum/Not-issuing-relieving-letter-threat-to-spoil-career-110220.asp#.VC5pimeSwb8
http://www.lawyersclubindia.com/forum/Employment-bond-is-enforceable-or-not--110215.asp#.VC52UWeSwb8
Kumar Doab
(Expert) 03 October 2014
The points posted in all threads differ.
In this post it has been changed to that some document was signed.
If you want proper advise share all details and don't conceal.
SHAMMI
(Querist) 03 October 2014
Sir Kumar Doab,
In forum it has been posted twice due to confusion because i was not able to see my first post. now i don't see any option to delete it.
Here i have given more details about my bond issue only and seeking advice on bond enforceability only.
i am not willing to conceal any facts, because i am looking forward to act further, based on advices received on this portal itself.
I haven't signed any document with my original signature, but when they forced me to do it, i have got it signed by someone else on my behalf(signature is completely different with my all signatures), because i knew that agreement itself had numerous mistakes, and they were asking me to sign this for the purpose of taking personal revenge only.
Sorry for creating any confusion.
Dr J C Vashista
(Expert) 04 October 2014
Contact, engage and consult your lawyer.
T. Kalaiselvan, Advocate
(Expert) 07 October 2014
apprise the facts and show all the related and relevant papers to a local lawyer, take his advise and proceed on his further advise.
Kumar Doab
(Expert) 07 October 2014
The information posted by you in all posts is being clubbed and I shall not be posting in other threads now.
I shall not be repeating the first hand feeling that has been posted in other threads.
>>> Delhi Shops and Commercial Establishments Act: 2(7):
(7) “employee” means a person wholly or principally employed, whether directly or
otherwise, and whether for wages (payable on permanent, periodical, contract, piecerate
or commission basis) or other consideration, about the business of an
establishment.
Your lawyer may opine that you shall be covered.
>>> Industrial Disputes (Amendment) Act, 2010: It is not necessary to go to conciliation Officer and workman can straightway go to Labor Court. Supervisor is also covered as Workman…………………..Designation alone does not decide as person shall be covered as ‘Workman’ as in ID Act, ‘Employee’ as in Shops and Commercial Establishments Act or not.
Your lawyer may opine that you shall be covered…………………………or not…………………. and the forum(s) that you can approach.
If foreign tour was as an award to your performance then no BOND for such tour/travel may be enforceable.
If foreign tour was to participate in some meetings/to perform some work of employer…………………. no BOND for such tour/travel may be enforceable.
The communications exchanged i.e. sent to you, sent by you before and after such tour may be examined by your lawyer.
>>> You have posted that:
----“they have sent me an email with F&F calculation,”
“F&F letter is not issued yet, only calculation of F&F has been shared”
If F&F calculation is wrong you may decline to accept it and demand correct FnF letter in original under original seal and signature of competent employee , for verification and acceptance by you……………………and to supply Form16 as per correct FnF statement.
You may ask to add notice pay, leave encashment etc, and to delete BOND money etc……..
---“I haven't signed any document with my original signature, but when they forced me to do it, i have got it signed by someone else on my behalf(signature is completely different with my all signatures), because i knew that agreement itself had numerous mistakes, and they were asking me to sign this for the purpose of taking personal revenge only.”
The communications exchanged i.e. sent to you, sent by you before and after such tour even if by email…………………….should also be examined by your lawyer.
There might be some instances discussed in emails regarding Bond to be signed………………. and acceptance by you.
If NO BOND is signed by you, no condition of liquidated damages should be applicable to you.
---“neither any of other employees have signed any bond, who were travelling with me.”
If it was a tour undertaken by many employees for the same purpose/task of employer …………………………e.g. to attend meetings, then why only one employee…………………………………or any employee should sign any BOND? The employer has to send employer on tour to be it UK or North POlce or south pole without any cost to employee. The employee has travelled to UK as per wishes/orders of employer. Moreover the office in UK seems to be the another office of the Foreign Principles of Indian entity.
---- “they were asking me to sign this for the purpose of taking personal revenge only.”
What is the personal revenge?
If you wish to claim the employer had turned vindictive/zealous to an employee that was exceptional performer then how would you establish it?
>>> You should certainly approach an able Labor Law Consultant/Service lawyer with copies of all docs on record and give inputs in person,understand the merits and proceed under the expert advise of your lawyer.
malipeddi jaggarao
(Expert) 08 October 2014
"I got signed by some one else". I do not agree with your contention at all. Have you not signed the bond before the management? How can they allow somebody to sign on your behalf? That means they might have handed over the bond with you and you got it signed by third person and handed over back as if it was signed by you. This is impersonation. Not at all good for an upcoming employee. If you do not wish to sign, you should have guts to say "no". As you have played with them, now it is their turn to play with you.
If they can prove the impersonation, you will be in deep troubles.
Do not be too smart. Your superiors are smarter. Remember.
Better strike a deal with them and close the matter once for all.
Or launch a legal battle.
