Kapil SIngh 23 May 2016

Employment agreement and mentally harassment at workplace

Hello Sir/Madam,

Please provide me the information on following matter I described here under:

This is in regards to my employment with one of Gurgaon based IT Company DCM Data Systems Ltd.

Please take your time to read it completely to get the clear picture what I really want to ask, its like a long boring story but I tried to write it in very short.

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Let’s start with my quick professional Introduction.

My Name is kapil singh, staying in Indirapuram Ghaziabad. I’m having 4.6 years of total Experience in Linux Server Administraion. Linux is my core skill. My current skill level is L2 and I’m hired by DCM Data Systems Ltd to work on L2 cum L3 level at IBM client site.

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I joined this company in May 2015 as a specialist, it was under a hire and trained program. I was hired to work with IBM, on the payroll of DCM Data Systems Ltd. Hence all the mail communication and hiring process was done with the name of IBM.

But here DCM shows some clevery and asked me to sign 2 years long bond with company (without disclosing IBM in offer letter) by saying that its our client’s (IBM) requirement to sign the bond. I simpally signed the bond without even thinking that what could be the worse results it may produce.

DCM started giving me training (2 months long training) starting from May 2015. In the meantime I had gone through the mid term assessment and final assessment organized by IBM at B-19, IBM India Pvt. Ltd., sec-62, Noida. I cleared both assessment and now it’s the time to on boarding at IBM.

Here is the game begins…..

Due to some certain reasons DCM couldn’t make my on boarding possible with IBM and that is where I entraped in fight between DCM and IBM.

DCM make me sit on its bench from july 2015 and it kept continue till Jan 2016

For a employee having 4 years of IT experience, its very hard to sit on bench. I was sitting idle for 7 months without doing anything. I was loosing my skills and my career with DCM seems going into dark. There is no career left with DCM. The days were passed by, thinkg that very soon I will be deputed to IBM.

One day DCM came up with a surprise that we are gonna depute you to one of our client MotherDairy. On this site there is no work related to my profile (Linux) and the lavel as well. One have to perform only monitoring related tasks which can even a L0 or L1 level of engineer can perform.

I protest againt my deputation to MotherDairy by saying that I’m hired to work with IBM only so how can you deputed to any other client. And more than this, there is no work related/matched to my profile and level. I will loose my skills while working there. But they forced me out to go and joined at motherDairy. I denied with my full potential but in the end they told me that you have signed bond with us and we can depute wherever we want to.

Tell me one thing if I signed a bond then does that mean you will treat with me like your slave and do whatever you want to with me..??

They threaten me by saying that company can take any legal action againt you if you will deny to join MotherDairy because you are in bond with us.

Hence they forcefully deputed me at MotherDairy, and from Jan 18, 2016 onwards I’m working here.

Every day passed by, I’m feeling mentally harassed while working here. I feels my career is spoiling due to this hell company DCM. A person whome supposed to work as a L2 cum L3 level is now doing L0 kind of tasks just because of this bond.

So please help me out and show me the right way.They are spoiling my career as its been more than 1 year I didn’t perform my profile’s related work. I’m loosing my skills day by day.

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Here are the questions on which I need the answers, please help me out.

Q1:- How could I get rid out of this bond..??

Q2:- What could be the higher leagal action DCM can take against me if I stopped working here..??

Q5:- Which actions I may take if they keep doing my mentally harassment..??

Waiting for your valuable response over this

Kapil Singh

Mob - 9555213189

Reply Follow

6 Replies

Kumar Doab (FIN) 23 May 2016

Do you have the copy of job advt, job application, interview call letter, selection letter, offer letter, appointment letter, so called Bond, so called training letter, letter specifying T&C for placement to IBM,assesment letter, clearnce in training, DCM asking you to sit on bench/without any work/ lay off etc and then asking you to work with Mother dairy (is there any specification of job).............

Did you record the threats made to You (audio/visual/witnessed/minuted)?

Were you paid full salary and given salary slip, while on bench?

Was this training some certified course from some certified Instt. that would add to qualification? Who provided the training? Was any certificate issued? What was the total expense of training and fascilities were provided?

While initiating such queries the querist should post the basic information e.g;

You may post the exact extract from appointment letter on termination/resignation,and full copy of so called Bond.

What is your designation ( Noted; as posted by you specialist) and nature of duties in appointment letter and on record/ in practise?

You were in which state ( Noted; Gurgaon)?

What is this establishment; Commercial/Industrial ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?

What was your last drawn salary?

You were under probation/confirmed?

Ritesh Maity (Labour Law Advocate) 23 May 2016

ANSWER IN RED

Here are the questions on which I need the answers, please help me out.

Q1:- How could I get rid out of this bond..??

There is no question of treating anyone like slave. Most importantly bonded labour or bond or agreement to stop an employee from joining any other company is totally illegal. So even if you sign a bond and agree to serve the company for xxx number of years, still the bond has no legal validity in the eye of law. An employer can only recover the amount spend/ invested on any particular training of the employee through these bonds/ agreements.

Q2:- What could be the higher leagal action DCM can take against me if I stopped working here..??

DCM on the basis of the bond you have signed can only recover the cost of training by way of filing a suit against you. Such cost cannot be arbitrary and total breakup of cost has to be provided before such recovery is made. The process can be time consuming as well as legally expensive for a company.

Q5:- Which actions I may take if they keep doing my mentally harassment..??

You can write to the HR and higher authorities of the company. If required, you can approach the police station too and lodge a complaint. However, proving mental harassment is going to be very difficult and won't fetch you much result.

Kumar Doab (FIN) 24 May 2016

For a proper response you should reply to all point, pointwise.

Kapil SIngh 24 May 2016

@ Kumar Doab

First of all Thanks a lot to post your response over my query..

Yes!!!! I'm having all the documents like my offer letter/Bond papers/NDA/. all the mail communication made to me prior/post my joining. everything had done with the name of IBM. but DCM has cleverely hide IBM keyword from the bond papers, thats the only thing which is in divers direction to me.

I can easily proof that I was hired to work at IBM only because we were 9 guys hired as a bach and traind all together.

There are a lot of things which cant be cascade by writing here so could I have your personal mail ID or your contact number so that I can provide you more clarification on this.

wishing to see you again.

Thanks

Kapil

Mob - 9555213189

Kapil SIngh 24 May 2016

@ Ritesh Maity

Thanks a lot to response over my questions, asked in my query.

you responesd with many things which brings some positivity inside me. looking forward to make contact you on your mail ID/mobile no. for more clarification on my case.

Thanks

Kapil SIngh

Mob - 9555213189

Kumar Doab (FIN) 24 May 2016

You have not replied to all points,pointwise.

These are otherwise generic informations, however pertinent to your query.

In original query you did not mention that you have signed NDA ( Non Disclosure Agreement) also. This can have its own implications.However this should also be examined, in detail.

Your attention has been drawn by attorney's of your employer to clauses that you can be deputed to perfrom other task as per agreement signed by you.

I am not available for discussions by email/phone. I shall not also not be making phone calls.

If suitable you can send relevant information by PM.

Remain positive,amiable,and gentle.

At the time build irrefutable written record.