Service bond and notice period

Pawan,

When had you koind? DOJ?? how many months left?

you can either quit in between since you have signed a bond of Rs.1,00,000/- you will have to pay that amount or else wait for 1 year to complete, then serve notice and leave

legal consequences are that if you do not pay the bond amount company may file for damages in court/deficiency in service.

Thanks for response, 

My bond will get completed in November, but I already had got opportunity and need to quit.

Do I need to serve notice period if I pay the 1 lakh ?

You have posted that the BOND/service agreement  was crafted in lieu of ‘Training’ that was to be imparted………………………………and no such training that would add some qualification or extra ordinary skills has been imparted.

You should preferably write during employment under proper acknowledgment that NO such training has been imparted to you hence service agreement be cancelled in writing to you.

Can you establish that so called training if any claimed by employer is 'Not a certified Training'/employer has not incurred any expense on it/it is just sharing how to manage the counters of the employer etc?

Do you have copy of the said BOND?

The notice period of 3 months may not necessarily be applicable to you.

Notice period is part of service conditions and is governed by various enactments/statue/instrument of law and no private agreement drafted and signed by employer with employee can prevail upon statue/instrument of law…………………

What is this establishment; Commercial, Industrial, Small Scale enterprise………………………..The registration certificate displayed near entrance can clarify or you may find on your own.

What is your designation and nature of duties?

You are in which state?

The Redg. office/HO of the company is in which state?

How many people are employed in it?

Are you a member of IT/ITeS employee’s unions, Employee’s unions, trade unions?

Dear Kumar

HR Said we can't give you the bond copy according to company policy.

I am designated as consultant.

And working in Maharashtra.

70+ people are employed in company.

HR said it verbally or states so in writing?

You asked verbally or in writing under proper acknowledgment?

The arbitrary internal policies of employer for HR (written/unwritten)are not applicable to you. You should decline to accept.

Any policy of the company has to be approved by its board and a published version should be circulated to employees by effective mode of communication e.g Redg. post or should be kept at some shared portal from which these can be easily downloaded.

The HR or for that matter even employer should not behave like a street magician and produce things from thin air.

Gossip, rumor, hearsay can not be rule or policy.

The Bombay Shops and Commercial Establishments Act should apply to the establishment and you should be covered as per def. of ‘Employee’ in this Act.

As per Sec:

---38-B: of this act Standing Orders shall apply if 50 or more people are employed.

---Sec66: Notice period is=30 days if service period is >1Y,

                          = 14 days if service period is>3 months but <1Y,

                          =NIL service period is < 3 months,   

You may also go thru Sec:2(4,6,7,12,16,),63…………………………..and others.

If standing orders are not certified Model Standing Orders shall apply and as per it notice period during probation period is NIL and after confirmation is 30 days. It being a statue shall prevail upon any private agreement that employer has signed with you e.g. appointment letter/contract of employment etc……………………….and your lawyer may opine that BOND is in violation of standing orders. Service certificate has to be issued to all employees. You may go thru Sec13-18.

Any longer notice period shall be beneficial for employer but detrimental to your interest.

Have you registered your profile at NSR/NASSCHOM and has the company threatened you to blacklist? Has the company retained your original certificates?

Does the company force to work extra hours but do not pay OT? Do you have proof of OT?  

Do you have any kind of any evidence that can establish that employer has been breaching trust and /or T&C inserted in its own contract/agreement signed with you?

If yes you can establish that employer is unworthy of being employed with.

There are many IT/ITeS employee’s unions in Maharashtra too and traditionally trade unions have been very strong in Maharashtra. Trade Unions are willing to embrace IT employees.

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

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

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

www.itpfindia.org/‎

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

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

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

United employee’s can form ‘Works Committee’s’ and that is an authority as per ID Act and united employee’s can negotiate service conditions.

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

3. Works Committee

There are many threads on BOND and notice period that you may find relevant and you can download judgments including delivered by Constitutional bench of Supreme Court, however it shall be appropriate to proceed under expert advice of an able Labor Consultant/Service lawyer. This is altogether different filed of law and in each city there are a few consultant/lawyer’s that specialize in it and they are well known and usually all such cases are referred to them.

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

https://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM

https://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UpMpStIW1MA

https://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM

https://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM

https://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM

 https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM

https://www.lawyersclubindia.com/experts/Different-notice-period-for-employee-and-employer-during-probation-432151.asp#.UoTGvHCAqWM

·         You may go thru following thread and other threads mentioned in it.

·         ·         https://www.lawyersclubindia.com/forum/Manager-not-accepting-resignation-107490.asp#.U_MTnsWSwb8

https://www.lawyersclubindia.com/experts/Regarding-breech-of-bond-491511.asp#.U_cwIMWSwb8

https://www.lawyersclubindia.com/forum/Resignation-and-not-serving-the-notice-period-107588.asp#.U_cyN8WSwb8

https://www.lawyersclubindia.com/forum/How-to-get-early-release-107797.asp#.U_ilZMWSwb8

https://www.lawyersclubindia.com/experts/Regarding-breech-of-bond-491511.asp

https://www.lawyersclubindia.com/forum/Breaking-the-employment-bond-without-paying-money-107795.asp#.U_69B9K1ZLE

Attached.

Thank you very much Kumar Sir for this vital information, This seems very promising to be and I will go through all.

Regards.