Bond

1.        After the selection the offer is made to the selected candidate and after acceptance of offer and upon joining employment appointment letter is issued that describes detailed service conditions. Is it stated in appointment letter that subsequent to acceptance of offer letter (by email) you are issued appointment order? If yes company has covered the offer letter and its terms in appointment letter so as to claim that you accepted it. It is also stated in appointment letter that service conditions shall be governed by   HR policy/Service Rules and Regulations, although the published version of such rules/policy is seldom supplied along with appointment letter and candidate(employee) also does not bother to ask in writing and obtain certified copy of such rules/policy.

OR your lawyer may opine that after the appointment letter is issued the offer letter  stands overruled.

2.        Has company incurred any expenses on some real training that added some certified qualification or  extra ordinary skill to your profile? Or was the training for name sake only and was on just products/policies/strategies………………………so that you can handle the counters of company?

3.        During the course of employment you shall need to build favorable written record that NO Training was provided and also on parameters that prove that employer breached its own T&C……………………….your grievances/issues are not resolved ……………………….that is why you are not satisfied.

4.        Did you record the threats/meetings (audio/visual) or minuted these on record? Verbal contentions are difficult to prove.

5.        Does company has its certified standing orders………………………..or do the model standing orders shall apply?  The service certificate has to be issued to all employees. Relieving letter is issued after all accounts are settled by employee……………………………Therefore you shall need to prove that nothing is pending at your end……………………

6. Are you member of employee's/Trade Unions?

You may approach a competent and experienced Labor consultant/service lawyer with copies of all docs as mentioned………………………………and let your lawyer now structure and draft all of your representations so to benefit you in the long run…………………and proceed under the able guidance of your lawyer.

Hi Kumar, Thanks for your information. The Bond condition is mentioned in the body of offer letter mail, not in the offer letter, while appointing i have signed only in the offer letter (which does not have the bond condition). the training is by internal employees on IT Process ( i joined from mfg).

I have not maintained the threat meeting audio.Also i am not member of any unions. Please suggest how to proceed with this situation. Thanks.

Last Reply

1. You may show all docs on record to your Labor Consultant/Service Lawyer. YOur counsel may opine that the offer letter ( hard copy) superseded offer letter (soft copy) and appointment letter superseded ofer letter. Hence the bond condition has not survived.

2. The training given by the company seems to be more for familiarization and to enable the employee to handle the counters/computers/softwares/ etc of the  employee and your lawyer may opine such training does not warrant any liquidated damages.

The lawyer that has examined the docs, record and merits can advice you the best.

Needless to mention the company and its attorney's in  line management/HR/legal cell.......................lawyer may decide to adopt tactical approach to subdue and harass hence legal support AS AP is suggested.

Rest is upto you.