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Tanmay Sharma (none)     27 January 2014

Bond in employment

Hello All, 

I would like to take advise on a case that I recently got into. 

I signed an employment bond with an IT firm in Indore. It was on the company's letter head. It states that I will work with the XYZ company for a period of 24 months and that I have submitted the company a bank  cheque of Rs. 75,000/- which the company can get cashed if I terminate the bond.

Now I have resigned from my post and have asked the HR to start my 30 days notice period. To which the company is asking me to get the bank cheque cleared. If I do not get it cleared, then can they file a legal case against me?

Key points: 

1. No Training given / or mentioned in the contract / offer letter. 

2. Initial salary was Rs. 15,000 / - pm without any sort of deduction. After some months, they started deducting PF entirely from my salary only. The employer's contribution was not present in the initial salary package and they are now saying that its already added to my salary. Moreover, they have not deposited a single rupee to my PF account from the last 9-10 months. 

3. Whenever I ask them about PF they try to create unnecessary tensions.

My question to you all is - are such bonds legal in india? do they not hamper a person fundamental right to freely carry his / her profession?

How can I defend myself here



Learning

 4 Replies

kumar.S.A.K. (Manager)     27 January 2014

Dear Mr.Sharma,

The onesided bond is not enforceable in law. Only obligation for is to give sufficient notice period as per employment terms & conditions. Reg.cheque  you can as well ask your bankers 'stop payment' as the cheque leaf is missing' only if your employer got it for some consideration or against a debt which you owe them. Thirdly-recovering both employees' & employers' contribution from the salary of employee is illegal so ask them to supply you your EPF annual statement showing all your contribution credited to your PF a/c. If they fail to do so lodge a complaint with the PF Commissioner with supporting proof.  They have no right to detain you beyond the notice period irrespective whether you cleared or not. Only hitch here is what you are going to do when your new employer asks for relieving letter/No due certificate/experience certificate?

Kumar Doab (FIN)     29 January 2014

The issues you have posted are sufficient to declare the employer as unworthy of being employed with and demand that the cheque that was collected under some kind of coercion etc be returned to you at once.

You can approach:

Trade Unions e.g; CITU, AITUC, INTUC ............................

IT employees Unions that are there in Karnataka and AP and may have units in MP.

Inspector under MP Shops and Commercial Establishments Act

Inspector under Payment of Wages act

o/o Labor Commissioner

ESIC Inspector ; at its website ESIC has mentioned wage ceiling for ESIC as Rs.25000/pm

 

RPFC in nearest PF office

 

It shall be appropriate if you proceed under the expert advice of your lawyer.

You seem to have a good case.

 

 

 

Tanmay Sharma (none)     20 May 2014

Hello All,

Now my past employer is threatening me that he would contact my present employer and will speak against me. This is all so messing up and I am still not able to get help from anyone. If anyone here would like to offer help, i would be highly obliged. 

 

Thanks in advance, 

Tanmay

Kumar Doab (FIN)     20 May 2014

Record all such calls and meetings (audio/visual). Keep some witness with you.

Your lawyer may opine that you can lodge criminal complaint (once you have proof), defamation, etc too. 

 

 

IT/ITeS employees unions are:

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

 

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/

https://itnitesunion.wordpress.com/author/itnitesunion/

 

 

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com


https://www.shivsena.org

 

 

 

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

 

 

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

Shiv Sena forms first union in information technology sector

 

Trade Unions like CITU,INTUC,AITUC,BMS………….are more than willing to embrace the IT employees.

 

United employees can rake up any issue with Govt. Employee’s is a big community and huge vote bank that NO party/Govt can ignore.

 The unions can help to form 'Works Committee' in company. It is an authority under ID Act.The Chairman is from employees/employer on rotation and committee has equal number of members from employees.

The Industrial Disputes Act, 1947: CHAPTER II: AUTHORITIES UNDER THIS ACT

3. Works Committee

The unions can negotiate service conditions and standing orders shall be certified only after parleys with employees representatives/unions.

 

For the present issues, exploitation that employees in IT/ITeS/BPO/KPO sector's face Pan India the employees unions affilliated with Trade Unions is immediate need of hour and is also  a perfect solution.


Are you aware that employers in your trade have formed their unions?

Then why don't employees unite?

 

Your lawyer may ask you a set of structured questions and may opine that you are covered as 'Workman' as in ID Act, as 'Employee' as in MP Shops and Commercial Establishments Act, Small Enterprise Act


>>> Lawyers are trained in skills of arbitration, mediation, conciliation, and your lawyer may be able to able to resolve the matter in your favor without any litigation too.

There are threads suggesting that lawyers succeed…………………….e.g.

https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp

 

There are threads to suggest that employees that are properly informed are able to defend their interest and win their cases on their own too e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=3#.U1su_keBmXU

 

There are threads to indicate that just by showing the threads at LCI many employees were able to resolve their matter e.g.

https://www.lawyersclubindia.com/forum/Leaves-adjusted-against-notice-period-101910.asp#.U3X3-keBmXU

 

https://www.lawyersclubindia.com/forum/Not-giving-salary-for-the-last-2-months-48187.asp#.UqWXbtIW1MA

 

 

At Indore you can access Lawyers par excellence.

 

If you wish to avail the services of lawyer from LCI databank you can conduct search at:

 

https://www.lawyersclubindia.com/lawyers_search/#.U3syo0eBmXU


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