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pgindia@gmail.com (pgindia@gmail.com)     18 August 2011

Bond in an it company

Hi,

I joined an IT company few months back and signed a BOND of Rs. 5 Lacs and submitted a blank cheque to them. Within 4 months of joining, they told me that they will reduce my salary by half and they asked me to sign a document to that effect. When I did not agree to them, the HR threathen me and asked me to leave the company immediately. I left the company and kept on doing daily follow up on emails.


Now they have presented the cheque in BANK which has bounced as I asked the bank to STOP payment. Now I have received a notice from an advocate wherein they are asking me to deposit the money or else they will file legal proceedings under Section 138 of N.I. Act.

Please give your legal opinion as I am at no fault because I did daily follow up after they told me to leave the company and then the HR tried to threthen me.

Thanks,



Learning

 3 Replies

Kumar Doab (FIN)     18 August 2011

Salary and wages can not be reduced by half. Employer or representative of management or HR can not ask and force to sign a document of acceptance for reduced salary.

Hr guy whosoever he/she is can not ask you to leave the company or give up your employment.

In your case the higher management shall never state in writing that they ever asked this HR guy to do so with you. If you are able to establish, company shall disown the action of this HR guy. However if you are able to establish this HR guy shall be in trouble. Had you recorded the event it would have been better.

You should have consulted elders in the family, competent and experienced well wishers, lawyer/law firm before signing the bond of Rs. Five Lakhs and issuing a blank cheque, and on the very day this HR guy asked you to leave the company.

Kindly take the help of elders in the family, competent and experienced well wishers, lawyer/law firm and show them all the records e.g. appointment letter, bond, emails etc, and proceed as advised by them.

The action of employer and this HR guy amounts to coercion and threat, and reducing you to virtually a bonded labor and slave. The company does not deserve to be employed with. This HR guy is not fit to be left to loose around in a civilized society.

It is guessed from your post that company has not issued you any show cause notice, charge sheet and has not accused of any misconduct, or causing any loss to company.

An experienced and competent lawyer can help you to wriggle out of situation and liberate you from bond. Don’t worry courts are not dumb.

Kindly be careful in future.

Valuable advice of learned members/experts is sought.

pgindia@gmail.com (pgindia@gmail.com)     19 August 2011

Hi,

Thanks for the reply. I admit that before signing the BOND i should have enquired around about the company but the prospects of a good job is larger than the life itself. Moreover, most of the IT companies are professional organization and does not restore to these tactics.

I can share the documents(soft copy) that company has sent me over, if you would be kind to give it a look.

Also I am interested to take services of a lawyer so that I can reply for the notice sent by the company. Any idea of a good lawyer dealing in such cases in Delhi(Patiala house).

Thanks,

Kumar Doab (FIN)     19 August 2011

You have realized and that is the beginning for enlightenment on certain imp. Issues.

Companies do not marry employees and employees do not marry companies.

You should justify your salary and generate revenues and profits for the company with your work. If you are earning you can have all the good things in life you aspire. You must know and hazards of the job.

There are a few of very good companies with good HR practices in every filed and there are few good employees and leaders. Everyone is looking for them.

Be Smart.

You can approach your lawyer and may contact the learned experts from LCI, Mr. Harbhajan Singh Thukral, Mr. R. Ramachandran to name a few. There contact details are in their profile section.

 


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