Dear all, I was an employee in a US based IT company (Company X) in Chennai. I joined there as a fresher in August 2010, signing a service contract for 36 months. My brother signed the contract as my guarantor. The The bond amount is 2.7Lakhs, which is not pro-rated. The company gave me a technical training for 1 month, after which I was directly put in to a project. The work-life was totally hectic for me. The offer letter said that the office timing is from 9am to 7pm. But, once I entered the project, that was totally out of question. When i leave home at 9am, I was used to be back to room at mid-nights, and there were days it went up to 10am next day (more than 24 hours of tedious work). And, the pay scale was also not like other companies. And, there was no much hike too. Also, company X was holding back Rs.3000 every month from salary as retention bonus, which they said that they pay after completion of 18 months of my service to the company.
When my room-mates and other friends, in other similar kind of companies, were earning and enjoying their work, i was struggling to make the two ends meet. I was totally loosing my mind to work under these circumstances. After 3 months, in Dec 2010, I was offered a job in CTS which was comparatively better. When I discussed the same with my HR, he completely turned unhappy, and after lot of discussion he made me to stay back. Life went on like that, heavy pressures till October 2011. I was in to software development, but, there was no peaceful atmosphere for the same. Very sorry to say that, dogs were always barking behind us throughout days and nights to get their work done. And, there the most painful thing is that, no appreciation for the works, except an award giving once in 3 months for the best performers, which was completely a biased performance of managers - utter partiality.
That time, I had to leave to home town, Kerala, as I had fallen sick (back ache and aasthma). My doctor prescribed to take complete rest from work for few days, about which I informed my managers. As the illness persisted, the doctor asked me to have full bed rest for another 3 months. So, I thought to discontinue from the employment at "Company X", which would be beneficial for me as well the company. I'd submitted my resignation to the manager along with the medical certificates for their perusal, for which the reply from the HR department was like this : "Your resignation is unacceptable. The medical certificate that you have produced is insufficient. Not returning to work in another one week will be
treated as service agreement breach. Also, legal proceedings will be initiated against you and your guarantor, for breaching the service contract of 36 months."
My physical condition became okay after having the prescribed bed rest. After that, I started looking out for a new job. By the grace of Lord Almighty, I got a very good offer abroad. Now, I am working abroad.
But, the Company X has started sending legal notices against us. The first letter was from a local advocate in Chennai. The post was not delivered to me as I am out of country. The same sort of letter that my brother recieved said like this, "As I breeched the service contract that myself and brother have signed, we need to pay 2.7Lakhs within a time of 10 days". We were not able to respond to that letter. Its a month now. Two days before, they have sent another letter saying that they have appointed an arbitrator to discuss about the proceedings. My brother called the first advocate and he told that he cannot do anything now. The arbitrator will now fix a date and call both the parties (my brother and company X) for a hearing.
My dear friends, please advise what to do. Is this legal? I am very much worried on this.
Looking forward to reading your replies. Thanks everyone, in advance.
Best regards...
From United Arab Emirates, Dubai
When my room-mates and other friends, in other similar kind of companies, were earning and enjoying their work, i was struggling to make the two ends meet. I was totally loosing my mind to work under these circumstances. After 3 months, in Dec 2010, I was offered a job in CTS which was comparatively better. When I discussed the same with my HR, he completely turned unhappy, and after lot of discussion he made me to stay back. Life went on like that, heavy pressures till October 2011. I was in to software development, but, there was no peaceful atmosphere for the same. Very sorry to say that, dogs were always barking behind us throughout days and nights to get their work done. And, there the most painful thing is that, no appreciation for the works, except an award giving once in 3 months for the best performers, which was completely a biased performance of managers - utter partiality.
That time, I had to leave to home town, Kerala, as I had fallen sick (back ache and aasthma). My doctor prescribed to take complete rest from work for few days, about which I informed my managers. As the illness persisted, the doctor asked me to have full bed rest for another 3 months. So, I thought to discontinue from the employment at "Company X", which would be beneficial for me as well the company. I'd submitted my resignation to the manager along with the medical certificates for their perusal, for which the reply from the HR department was like this : "Your resignation is unacceptable. The medical certificate that you have produced is insufficient. Not returning to work in another one week will be
treated as service agreement breach. Also, legal proceedings will be initiated against you and your guarantor, for breaching the service contract of 36 months."
My physical condition became okay after having the prescribed bed rest. After that, I started looking out for a new job. By the grace of Lord Almighty, I got a very good offer abroad. Now, I am working abroad.
But, the Company X has started sending legal notices against us. The first letter was from a local advocate in Chennai. The post was not delivered to me as I am out of country. The same sort of letter that my brother recieved said like this, "As I breeched the service contract that myself and brother have signed, we need to pay 2.7Lakhs within a time of 10 days". We were not able to respond to that letter. Its a month now. Two days before, they have sent another letter saying that they have appointed an arbitrator to discuss about the proceedings. My brother called the first advocate and he told that he cannot do anything now. The arbitrator will now fix a date and call both the parties (my brother and company X) for a hearing.
My dear friends, please advise what to do. Is this legal? I am very much worried on this.
Looking forward to reading your replies. Thanks everyone, in advance.
Best regards...
From United Arab Emirates, Dubai
Once arbitrator gives any judgement against you, no one can do any thing. Even if you approach court decision will be against you.
The question is why your brother is going, as he is just a guarantor. unless you are present decision is not possible. He can give time and say by that period amount can be paid.
If you are out of country and you have not received the letter then in your absence nothing can be done.
You do not have any proof where you can say that you have worked beyond your working time 9 AM to 7 PM . If the company has made you work beyond that period, its also against the law.
What you can do , consult a lawyer in abroad and discuss with your present employer. Try to be in abroad , though you would need to pay 2.7 L ( negotiate more) , claim for Over Time, show deduction on medical grounds which you suffered during previous employment.
You are in abroad , so try to make the case with international law.
Indian law wont apply when it comes to international law.
Ask your brother to negotiate.
Regards
From India, Mumbai
37The question is why your brother is going, as he is just a guarantor. unless you are present decision is not possible. He can give time and say by that period amount can be paid.
If you are out of country and you have not received the letter then in your absence nothing can be done.
You do not have any proof where you can say that you have worked beyond your working time 9 AM to 7 PM . If the company has made you work beyond that period, its also against the law.
What you can do , consult a lawyer in abroad and discuss with your present employer. Try to be in abroad , though you would need to pay 2.7 L ( negotiate more) , claim for Over Time, show deduction on medical grounds which you suffered during previous employment.
You are in abroad , so try to make the case with international law.
Indian law wont apply when it comes to international law.
Ask your brother to negotiate.
Regards
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Bond of Employment.doc
Bond in employment.pdf