LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rakesh parihar (None)     08 December 2011

Breach of service bond

My name is rakesh parihar, I was employed in one manufacturing company. At the time of Interview, they want me to Sign a 1 year ONE SIDED SERVICE BOND, beause of JOB URGENCY, I accept that Bond on FEB'11, it was mention in BOND that If I resigne before 1 year than I have to give them Training Expenses...There were no Mention of EXACT BOND AMOUNT.Laterly i come to know that there is no such policy of BOND in this company. After that 8 Months easily passed but than management forced me to change my work profile, and that thing i was not comfortable at all. They gave me no choice except to QUIT. So I resigned after 9 Months and 10 days  including 20 days NOTICE PERIOD.

Now on the ground of breach of BOND, they are Demanding Rs 20000 in spite of Training expenses but In ground no training, haven't signed any training document in my tenureand also they  HOLD my 40 Days SALARY alongwith BONUS. I left this company on November 09' 2011, its already 1 Month passed, I regularly calling them even Physically went there but yet no result.

My question is what legal action I can do against them, as since last one month i faced too much mental pressure.

Please help me out



Learning

 5 Replies

V. VASUDEVAN (LEGAL COUNSEL)     08 December 2011

Please review my postings on identical issues under this Forum. If they have sent a notice send a simple written reply setting out the facts and ask for proof of training and expenses - with supporting bills. Also file a complaint under the Payment of Wages Act with the local commissioner for unauthorised withholding of your salaries/bonus.

rakesh parihar (None)     08 December 2011

Sir, I asked them ragarding the proof of training expenses and also I need Bills for this Rs 20000 but they just told me verbally that this is the total expenses incurred on your software training. My supervisor was just guiding me, no special class was carried out for me, no one(trainer) came to trach me, no documantaion is being done. so on what basis they are defining this training expenses.

Kumar Doab (FIN)     08 December 2011

Learned Mr. Vasudevan Has given valuable advice. Kindly follow it.

It seems to be clear that your pleadings are falling and continue to fall on deaf years. However since you have worked with this employer you may give one fair chance to employer to mend their ways and then you may declare it “enough is enough” and act. Any advice and clarification shall be useless if you do not act.

Without losing my more time on verbal and in person representations, you may:

-submit a written representation addressed to good offices of your appointing authority, MD, Head-HR, company secretary mentioning that you have been clamoring to receive the following;

settlement of your a/c, FNF statement, work experience/service certificate, relieving letter, form 16,PF accumulation reports, PF withdrawal/transfer forms, ect. (You may remove the items you have received) and payment of your earned wages which include...........................(mention each item and amount, e.g salary, reimbursement, bonus etc.) In this regard you have submitted representation by phone from your phone number at time to Mr/Ms........(mention everyone's name, department, designation, address) at his/her phone number on dated........

and in person on dated ...............to Mr/Ms........(mention everyone's name, department, designation, address)

Despite unlimited number of representations company has not supplied you the dues at the end of company as mentioned above in detail. (if you want to make your representation terse you may mention that the amounts due on the company is a debt payable to you on company and submit detail of each representation and demand payment of each representation, and make it clear that you are no more able to submit to the sadistic tantrums of the company's authorized representatives and shall be constrained to initiate action as deemed fit in a lawful manner at the cost and consequences of the company. You shall be claiming the fee for legal consultation you may require and all other legal and court expenses. If the company wants you to produce all bills company should state so in writing so as to be supplied to you in next 7 days.)

-and that in place of supplying you a detailed statement of a/c company has chosen to state verbally thru its authorized representatives that company has written an amount of Rs.20000/ due towards you on a/c of supervision of your work by your supervisor. You are shocked to note that you are being made to pay for payout to your supervisor by the company on false and fabricated pretexts.

-if company wants you to make some payments to company should supply you a letter along with certified copies of all supporting bills, statements (under original seal and signature by hand of competent employee of the company with his/her name, department, designation, address clearly mentioned along side of his/her signatures by hand) so as to reach within next 7 days.

 

You may mention that company shall supply all communications to you thru redg/speed post only and if company wishes so in writing you are willing to supply postage prepaid self addressed envelopes, and one envelope is enclosed herewith.Now onwards you may avoid telephonic conversations and if at all you wish to you may record (audio/visual) all representations.

If there is no reply received within 7 days, then you may lodge a complaint with o/o labor commissioner/wages inspector. You may not keep any burden on you and should transfer it on the company. Let them suffer with queries, penalties, and punishments from the lawful authority.

rakesh parihar (None)     08 December 2011

@Kumar Doab Sir,

Thanks for the reply.

Last time again i am going to face the managment personaly, if they make me understand about the BOND expenses very well than its OK but if not than I'll do as you advise.

After that I'll communicate only through regd post/speed post, i hope that will give some outcomes.

One more thing Can you please explain me that on the braech of servise bond, what employer can do legaly against me??

Kumar Doab (FIN)     08 December 2011

If you have signed a bond company can proceed ( on merits and even without merits) to recover the amount of penalty described in bond. Courts are not dumb. Company shall have to prove the expense if any.

It is believed that you have shown all records, bond, to elders in the family, competent nd experienced well wishers, lawyer/law firm and have given them all inputs. If not you may do so. You must proceed, under expert advice and finalize your strategy and you must carefully fine tune and structure all representations.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register