Payment of indemnity bond and unhealthy work environment
Shiv saroj
(Querist) 15 October 2016
This query is : Resolved
Hi .. my wife joined a bank last year as Rajbhasha Adhikari. The work environment is unhealthy, She is treated badly in office. She has started to go into clinical depression.
Now only peaceful way I can think of is resigning from the job. But she had signed an indemnity bond of 1 lac for 3 years that we cannot pay at this time. Please suggest me what I can do?
In addition I would like to mention that no training is provided to her for the job of Rajbhasha Adhikari..only one induction program for one week was attended which was a formality which does not help her in doing her job better in any way or grooming.
Guest
(Expert) 15 October 2016
Unless made part of the indemnity bond, environment, healthy or not healthy, has no relation with the indemnity bond.
So, two options are there for your wife, either work for the bond period or resign by paying the bond money.
But, I wonder, what rules and regulation are broken that are desired to be covered up by a Rajbhasha Adhikari, who should be concerned only with the monitoring, usage and promotion of rajbhasha, Hindi, having no concern with banking laws? I think, you and your wife are not aware of the facts or you have tried top pose some hypothetical academic query.
By the way, what are the terms & conditions of her appointment?
Kumar Doab
(Expert) 15 October 2016
"work environment is unhealthy, many rules and regulation are broken and she is asked to cover up all the time. She is treated badly in office.
"She has started to go into clinical depression."
How would you prove it?
Do you have any irrefutable evidence?
If yes; there are internal escalation matrix with in the bank.
Once you opt for it, until you are able to prove, who will admit?
If you are able to prove then the employer might get termed as unworthy of being employed with.
The superiors in line management may not agree to your verbal charges and may become vindictive once allegations are leveled.
Employee should be smart to survive.
If there was NO Training then liquidated damages on the basis of training may not survive.
Better consult employee's union leaders ( in confidence) and your own able counsel specializing in service matters.
Shiv saroj
(Querist) 15 October 2016
Thank you. I really appreciate both of you giving the insight.
@PS DHINGRA I agree that Rajbhasha Adhikari should only be concerned with promotion of Hindi implementation of guidelines by Home ministry, but that is not the way it works there. They are asked to do core banking things along with specialist profile without a proper documentation, duty assignment or office order.
However, I do not want to prove anything to anyone I want a peaceful exit from organization without paying the bond. Getting into all this will only cause more stress. But again I appreciate your advise that getting in touch with my own counsel or her union leaders is an option and that is what I am going to do.
Thank you again
Sri Vijayan.A
(Expert) 15 October 2016
Dear Mr.Shiv Saroj,
If you want to avoid payment of indemnity, pl read again the questions raised by Expert Sri.Kumar Doab, try to answer them. If you are confident then decide.
Otherwise .......?
Approaching through the trade union/ association is also a good suggestion, but 100% success is not ensured in this way.
Kumar Doab
(Expert) 16 October 2016
You have posted that:
"no training is provided to her for the job of Rajbhasha Adhikari..only one induction program for one week was attended which was a formality nd she waz asked to sit with mkt batch which does not help her in doing her job better in any way or grooming. "
NO Training: So how come liquidated damages/indemnity due to training?
Induction Programme: It is will, wish, discretion,requirement, need, policy matter of employer. There are establishment that just handover appointment order and ask the employee to join.
There are establishments that write vacancies on its walls near the entrance with chalk and anyone can walk in and anyone can apply.
Banks rather collect application fee, conduct tests (at the cost of candidate) and pick best out of the best, thru test.
Does bank provide any specialized knowledge/qualification?
Apparently: Like any other establishment bank also sell its products.
Just heard that Post Office shall be selling pulses now and has been selling toys!
Banks may also decide so.
Rajendra K Goyal
(Expert) 16 October 2016
Well advised, agree with the expert Kumar Doab.
P. Venu
(Expert) 16 October 2016
The Hindi Officer, invariably, is an ornamental post merely for the purpose of statutory compliance!
She has a justifiable cause if she has made a written record of the out of turn work assigned to her, at least in her self-assessment in the Confidential Reports (I am not sure whether there is such a system in PNB)
Anyhow, the terms of the Bond cannot be enforced unilaterally.
Guest
(Expert) 16 October 2016
Better do that as decided.
Kumar Doab
(Expert) 16 October 2016
You may go thru the links and citations sent to you.
It is not required on your part to share these with bank personnel and even unions......................NO one.
