It is your call.
Let us assume that you join and do not give PDC and after 1 month when your wages are due to be paid these are not paid.
You shall have again an issue at your hands.
Such employers are known to square off the dues against amounts in Bond and claim balance.
Such unscrupulous employers are known to put harsh conditions to employees that have been out of employment.
>> BOND that you have to sign may not necessarily be ‘Service Agreement’ only it may contain clauses on ‘Non Solicitation’, ‘Non Compete’ ‘Data Protection’ etc..................
If company has not incurred expenses say on: training it may not succeed to claim expenses/liquidated damages......................The Indian Courts have consistently been declining to enforce ‘Non Compete’ clauses/agreements as it hits right to earn livelihood and hits clauses of Indian Contract Act.............
However clauses/agreements on ‘Data Protection’ ‘Non Solicitation’ may be declared as operational.............................and damages may be claimed.
If you have gone thru the attachment then you must be aware of the details.
You may also carefully go thru the judgment:
--Madras High Court
Polaris Software Lab. Limited ... vs Suren Khiwadkar
https://www.indiankanoon.org/doc/1371809/?type=print
-- IN THE HIGH COURT OF JUDICATURE AT BOMBAY :CRIMINAL APPELLATE JURISDICTION
Joseph Vilangadan. v. Phenomenal Health Care Services Ltd. & Anr.
CRIMINAL WRIT PETITION NO.2243 OF 2009
If the cheque given is a Security Cheque it may not attract NI Act.
It shall be appropriate to get the Bond examined ‘verbatim’ from your lawyer.
Pls do not jump to any conclusions after going thru these judgments and let your lawyer opine finally to you.
>> The Labor Commissioner and lawful authorities can even take suo motu notice of such matters.
A phone call, anonymous email should be sufficient.
The complainant can cite that they are deciding on calling a press conference and escalating to Chief Justice of High Court, Supreme Court, State Minister of Labor, Central Minister of Labor, Media, Police, Trade Unions and pursue the matter thru RTI and this may set them to work at Super fast Speed.
>> The employee should become member of Trade Unions and form internal Unions, IC’s, Work Committee’s and this shall protect from unfair practices...........................
At Mumbai Trade unions are very active and effective.
Such matters affecting class of employees are effectively handled thru unions.
You may discuss with local leaders of Trade Unions like AITUC, CITU, INTUC.....................and its affiliated unions in your sector/trade.....................or unions for your sector/trade may be formed.
The unions can pursue for standing orders, internal Unions, IC’s, Works Committee’s.....................
If you have gone thru ID Act you shall find that Works Committee’ is an authority. The Chairman of the committee is on rotation from Employer and Employees.
Even supervisors, Officers, Executives can form their associations, Guild........................and be very effective in protecting their rights.
If employees are not united, the individual employee is easy target for exploitation and in case of dispute the forum for him is civil court, labor court and then has to face the delays..............................etc.
Employee should justify every penny of salary paid but must e properly informed to defend his interest.
>> Employee should also keep access to a good labor consultant/service lawyer.
Designation alone does not decide employee shall be covered as ‘Workman’ as in ID Act and ‘Employee’ as in (Name of state) Shops and Commercial Establishments Act.
Your lawyer may opine that you shall be covered.
Bombay Shops and Commercial Establishments Act is so employee friendly and as per it any commercial establishment employing 50 employees would be covered by Industrial Employment Standing Orders Act.........................If standing orders are not certified, Model Standing Orders shall apply.
Standing Orders provide protection to employees and employer is personally held responsible for faithful coverage of standing orders.
>> IN case of Issues employee can approach:
Lawyer/Law firm
Trade Unions, Employee’s Union, Works Committee
Inspector under Shops and Commercial Establishments Act
Inspector under Payment of wages Act
Labor Inspector and ALC/DLC in O/o Labor Commissioner
RPFC
ESIC Inspector
Court Of Law; Civil, Criminal
High Court
Supreme Court
You may find the following threads relevant;
https://www.lawyersclubindia.com/experts/Standing-orders-442266.asp#.UtKr1dIW1MA
https://www.lawyersclubindia.com/experts/Employement-bond-373326.asp#.Ut-AQdK6aXZ
https://www.lawyersclubindia.com/experts/Resignation-not-accepted--446951.asp#.Utvqn9K6aXY
https://www.lawyersclubindia.com/experts/Resignation--446881.asp#.UtrCUNK6aXY
https://www.lawyersclubindia.com/experts/Left-job-without-serving-notice-period-any-legal-action--447186.asp#.Utq6_tK6aXY
https://www.lawyersclubindia.com/experts/Harassment-by-employer-447551.asp#.UtrBBdK6aXY
https://www.lawyersclubindia.com/forum/Need-to-understand-the-notice-period-law-95837.asp#.UtrBXtK6aXY
https://www.lawyersclubindia.com/experts/not-serving-notice-period--447391.asp#.UtrBg9K6aXY
https://www.lawyersclubindia.com/forum/Notice-period-buyout-96082.asp#.Ut9-6tK6aXY
