LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Soumya John (Finance Officer)     06 April 2011

Bond to the employer

Hello,


I joined in an IT company in Kerala before 3 months. At the time of joining the company signed a bond for 6 months and for the security they collected a cheque from me, equalent to 6 months salary amount. Also can break the contract with one month notice period or by paying one month salary. Also, they collected my educational certificates. I am not feeling comfortable for working in the company because teh work load is high. The working hours is only 8 hours, eventhough most of the days I am working for 11 to 12 hrs. Now I got an offer from another company and I would like to move to the new position.

Could you tell me, the company have the right to deposit the cheque? If I am approaching to the labour officer, what decision may come?


Thanks,

Sajan



Learning

 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 April 2011

As you voluntarily have agreed to bond yourself for a particular locking period and have also given your educational certificates and blank cheque to your employer so whom to make complaint? If company is taking work more than agreed 8 hours only then you may raise your grouse but it is better for you to amicably leave company instead of making disputes. Talk to your bosses and convince them by bargaining.

Soumya John (Finance Officer)     06 April 2011

If I am breaking the bond period, the company have the right to charge the bond amount?

 

Sajan

Kumar Doab (FIN)     10 April 2011

The learned members/experts have given the valuable advice.

You have the options of :

-getting the bond document, appontment letter, examined, by a competent service lawyer/law firm.

-providing the records of your daily work assigned to you, time of assignment,work hours,break hours,time of entering the office ( in register,by matrix card etc, on line attendance and similarly exit time).to your lawyer/law firm.

You should be able prove that instead of 4 hours+ 1 hour break+4 hours=9hours/day  ,you were made to work for 11-12 hours a day,most of the days( preferably date wise.Since you are in the IT industry and are computer literate,and must be getting majority of the things by internet/intranet,emails, time records should not be a problem. If you can submit the proofs you can expect a soloution to your problems.

-Any document proving that you were provided training at the cost of the company/paid by company, to perform your job, and to enhance your level of skill.

If you were not sponsored for any training, you should be able to provide the evidence to your lawyer.

If you have handed over the educational certificates, have you obtained the receipt.

If you have submitted a blank cheque, have you obtained a receipt( obviously not, since no one shall issue a receipt for blank cheque.Do you have a photocopy of the cheque.Can you obtain a photocopy of the cheque? Can you arrange to put atleast a date on the cheque?

It is believed that despite your discomfort you have built good rapport with your line managers,HR,employer.

1. As suggested by the learned experts/members you may use your persuasive skills and rapport,and persuade your superiors to relieve you, and return your blank cheque,issue you the relieving letter,experience certificate,F&F,form 16,PF accumulation reports,PF transfer/withdrawl forms, receipt of company property submitted by you undr original seal and signature with date. Use your ability to negotiate, and move on.

2.Collect your records to prove your work experience, complete the assignments and ensure that on going projects are completed by you, and company can not blame you for any loss.

Provide enough documents/evidence to your lawyer/law firm , and you can prevent loss to you.

3. Take advice of your family,well wishers,experienced people, before you blindly sign on the dotted line. Don't be desperate.

4.In your sector such practices by the employer are reported and semm to be a common practice.Be careful.

5. It shall be approriate to have access to a lawyer at your place. Retention of a lawyer /year costs less than the losses reported by you in a few months.

Be smart.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register