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vishal mandhare (consultant)     28 March 2012

Company bond agreement

Hello Experts,

I am in little situation here. Great if you could advice some way out.

I joined one big MNC last year. The recruitment was not direct, i am on payroll on some other small time company (Now onward will refer as a vendor). 

There were 15 people with me at the time of joining. This vendor company gave us some 30 days of training and signed a bond of two years (Rs. 2 lakhs) and send us to big MNC company on contract (Contract to permanently higher by MNC company after two years).

By some reason MNC company faced slack in their business activities since beginning of our joining. We are not rightly utilized. Now they have started firing people. out of 15 guys initially joined 6 are all ready left or fired by MNC company. In last one year we have not seen any good news from business side so we are very sure axe will fall on us one day.

Vendor company has not given us a hike which was promised in the agreement. they have cancelled our group insurance. 

Now the situation is we are not able to search for a job due to bond agreement. However MNC firm can fired us any time.

Do you think we can legally cancel our bond agreement by giving court notice? Do we have a hope to fight back against injustice?

Really appreciate your time.

Thanks and Regards,
Vishal



Learning

 1 Replies

Kumar Doab (FIN)     28 March 2012

Is it a registered company? What was the total number of employees in company? If the number was 20 or more company should have registered for PF, ESIC.

ESIC is a statutory requirement.

ESIC is also good for getting relived from the burden of workmen's compensation in particular and employee welfare in general.

ESIC Act has provisions to grant exemption to employers who can provide superior or similar benefits to its employees and not for any other reasons.

 

Coverage under the ESI Act,1948

Further under section 1(5) of the Act, the Scheme has been extended to Private Medical and Educational institutions employing 20* or more persons in certain States/UTs.

*Note: 14 State Govts. / UTs have reduced the threshold limit for coverage of shops and other establishments from 20 to 10 or more persons.  Remaining State Governments/UTs are in the process of reducing the same.

The existing wage limit for coverage under the Act is Rs. 15,000/- per month (w.e.f. 01/05/2010).

 

If the MNC has a contract with Vendor, then MNC can be treated as principal employer.

All good companies ensure their contractors have valid PF, ESIC registration.

Has the vendor issued termination letter, if yes what is the reason mentioned in the termination letter issued by vendor e.g. less revenue/business? Or the vendor has collected resignation letter?

How is the conduct of vendor rude, coercing, and does he flaunt bond to subdue the employees?

The training provided by vendor was related to products of MNC or generic training? Was it a specialized training from some certified institution adding to qualification or skill of employees? The company can proceed to recover the amounts spent on training and shall have to prove the amounts spent.

 

What was the criteria attached to hike in salary e.g. appraisal/ performance etc?

You can register your concern as you are feeling perturbed since group insurance is cancelled and who shall bear the cost in case of some medical exigency?

If employee faces medical exigency while to workplace, at workplace, from workplace it is liability of principle employer, vendor. Are you covered by WC policy?

 It shall be appropriate to submit your contentions in a gentle tone in writing under acknowledgment, to the appointing authority and cover all points so as to build record for future. The idea is to establish that employer has defaulted and does not remain worthy to be employed with.

How can vendor express in writing to get its employees absorbed in MNC

 (Principle employer?) until or unless there is some explicit contract? And how can MNC fire employees of vendor?

Another option is that you might be having some leave balance and you may proceed on long sick leave supported by Rx of doctor, lab reports, medical certificate.


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