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kalyan (engineer)     08 November 2012

Employer threat

dear experts,

after my graduation i joined in a company near to my home town as trainee in the end of year 2003. they got a signature in a service execution bond for 5 years. in case of failure i have to pay 50000 rupees. . in addition, i was forced to surrender my educational certificates at the time of confirmation in the year 2004. after 2 year service with them, in the year 2005, again they made a new service execution bond for 3 years, fails to which i have to pay 3 lakhs. but they did not cancel the previous service execution bond.

in year 2006, i got an offer from a mnc and resigned my job. they asked me 3 lakhs according to the bond executed. i told them, the second bond which was executed is invalid while the first bond is not cancelled. so, i told manangement that i am ready to pay 50000 rupees according to my first bond. they told me that they will not give experinece and relieving order. also my certificates. they started to threat me, my life will be a question mark if run from their company.

but my new mnc employer dont want to lose me. he accpeted to join without relieving, experience certificate. i have given them a photocopy of my educational certificates as proof. Mean time, my previous employer sent some fax messages to my home stating that they will go for legal action. i wrote a mail to them that i was forced work more than 16 hours a day and was paid less than 6 hours a day. so because of mental pressure i quit the job. after that both of us, me and the previous employer kept quiet and continued our jobs.

i applied for a duplicate copy of my educational certificates and received it. now my previous employer came to know i got duplicate copy of my certificates and starts threading me.

now, my questions are:

1) Is making a new service bond is valid while already employee is working under one service bond?

2) Eventhough i failed to complete the service according to the bond, is it possible to take an action against me after the said period is over? it means i signed 5 years bond in the year 2003. so validity expires in 2008. is possible to force to work for them the remaining days?

3) if they go to the court, may i ask a question that what they did all these days, nearly 7 years??

4) is it a crime that getting a duplicate copy of my certificates from university? they refused to give my certificates. i dont have a proof to show that my certificates are with them. i applied for duplicate copy because i dont have another option to get a new job. more over i did not fabricate a false certificate. its the second copy of my original certificate. then, how can they say it is a crime?



Learning

 1 Replies

Kumar Doab (FIN)     08 November 2012

Company may have to prove that it has incurred expenses on your training up to Rs.50000, and Rs.5Lac or Rs.5.5 Lacs that added to your special skills or qualification.

Company may claim liquidated damages however company shall have to prove and courts has to decided. Your lawyer may opine that the matter is time barred.

Employee should record the threats {audio/visual. Mobile comes handy}and keep witness/evidence for use at appropriate time in appropriate forum.

If employer/line management/HR has issued threats to life and you can prove you can lodge a complaint with police and then it shall be their funeral and you may let them handle it. If you have some evidence your lawyer can teach them a lesson of their life.

You may show all docs and give inputs to a competent and experienced labor consultant/service lawyer.

Getting the duplicate certificates is not a crime. Withholding original certificates may be termed as an offence.

Company may ask to show originals for verification, to mark OSV or attested copies.

Has the company mentioned in the agreement signed by that it shall retain original certificates? If no it may compound the matter as the company has been withholding original certificate without an acknowledgment.

You have posted that:

--“after my graduation i joined in a company near to my home town as trainee in the end of year 2003.”

Has the company mentioned your designation as Trainee in appointment letter issued to you, and has the company issued any appointment letter to you?

Companies may appoint Trainee/Apprentice under Standing Orders of the company or Apprenticeship Act.

Did the company display its standing orders near the gate/entry or circulate it to employees. Employee can demand and obtain copy of standing orders against nominal amount say Rs.10/.

Does the company have any standing orders? If not model standing orders shall apply.

Your lawyer may opine that you fall within the category of workman.

The bond/service agreement s are signed by you and company would love to claim that you signed by your free will whereas you may claim these were signed as no other option were left for you as your testimonials were  retained { onus is on you to prove and witness/evidence shall help} and you were coerced, forced and threatened.

As per standing orders employer should provide payment of wages and service certificate on last day in office.

You are employed and your current employer does not care for previous employer.

In future consult elders in the family, competent and experienced well wishers, lawyer/law firm before signing on the dotted line. It is better to consult before hand than repent later.

You may find the attachments as useful.


Attached File : 415976311 model%20standing%20orders.doc, 415976311 417759075 validity of employment bonds.pdf, 415976311 background paper.pdf downloaded: 186 times

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