Is Bond legal in India?
Ajitabh
(Querist) 01 June 2008
This query is : Resolved
Hi, I was employed in an Indian software company which made me sign a bond to serve them for 2 years or a penalty of some variable amounts is to be paid to them to get Relieving/ Experience letter.
Can u plz let me know if bonded labour is legal in India.
Manish Singh
(Expert) 02 June 2008
it is not a case of bonded labour.
it depends upon the fact whether the company has incurred any expenses for the training purpose or not?
If not , go out and get some other job..
Ajitabh
(Querist) 08 June 2008
Manish
Can u clear the meaning of training here.
I was not given any formal training, but only work.
Ofcourse u learn new things while working, so hope that they cant count in training, right?
Also, what can be the proof that they have given me a training.
Ajitabh
(Querist) 08 June 2008
I already got a job somewhere else, but they have not paid me for last two months served them.
Also, they didnt give me any relieving letter or experience letter, which they say they can only give if I pay them certain amount (more than 1 lac).
Although, my current company didnt ask me relieving letter, but it asked by most of the companies these days. I lost many good oppportunities because I didnt have that certificate.
Let me know what I can do in this case.
Thanks for ur reply by the way.
Manish Singh
(Expert) 09 June 2008
if that company has not incurred any penny on you to train to suit their needs, you are not bound by their indemnity bond.
they are bound to give you your experience letter.
Ajitabh
(Querist) 09 June 2008
If u could suggest me some way to proceed, and good contacts from where I can start, it would be great.
Manish Singh
(Expert) 10 June 2008
dear Mr. Ajitabh,
I am sorry, but as a matter of law they are not bound to provide you any experience letter. it depends upon their own policies.
But y you need that, since you must be having appointment letter of that company alongwith resignation approval. this will work as your experience letter.
and you must be having your salary slips or trnsaction of your salary in your bank accnt.
Ajitabh
(Querist) 11 June 2008
Hi Manish,
Many companies prefer Experience/ Relieving letter and I have been denied by many organizations just because of that.
I do have appointment letter but it doesnot states till when u were employed with that organization.
Talking abt bank statements the organization didnt transfer any money for last two months for which I served as notice period. This makes my experience less by 2 months.
Guest
(Expert) 12 June 2008
If the new wmployer is interested in you, he will not mind all these. Search for new job, and your self declaration is sufficient. The new wmployer is only interested to know that you are a free bird, free from the previous employer.
Manish Singh
(Expert) 12 June 2008
That means you didnt get salary for last two months?
Ajitabh
(Querist) 12 June 2008
Thats true Manish, I didnt get salary for last two months.
The opportunity which I am talking abt didnt mind taking bank statement as proof of my employment, but, when I was unable to produce the statement for last two months, which I included in my experience they could not accept me. They thght I have tried to falsely show experience which I dont have.
Ajitabh
(Querist) 12 June 2008
KOTRESH,
First of all thanks for showing interest in this case and replying to me.
Perhaps you are talking about something which used to happen 4-5 years back. Nowadays, companies are very strict on background verification.
Specially talking about top 5 MNC companies in IT. They were damn interested in me, and wanted me desperately - but this thing was the last minute spoiler.
Manish Singh
(Expert) 13 June 2008
But th question is why you didnt get salary for last 2 months after serving them for the same.
You can file a suit against the company on that ground with relevant documents.
It will serve you fulfillemnt of all the purposes.
And yeah, if the employer is interseted they can make verifications from your previous employer. they are not goin to make false allegations on you without any merit in that.
