As told by Mr. Gupta and Mr. Bala please approach the Local Labor Officer for unfair labor practice it is also advisable to approach a lawyer who can guide you legally to come out of this situation.
As such no company can pay you less than minimum wages, and legally no one can compel you to pay 1 Lac rupees, at the most they can recover the training cost.
By sending a legal notice (with due consultation of the Lawyer) they will handover the original certificates. Be patience and do not get disheartened
From India, Ahmadabad
734As such no company can pay you less than minimum wages, and legally no one can compel you to pay 1 Lac rupees, at the most they can recover the training cost.
By sending a legal notice (with due consultation of the Lawyer) they will handover the original certificates. Be patience and do not get disheartened
From India, Ahmadabad
Dear Raj,
It will not affect your career. Labour department is there to protect employees from your type of companies.
You no need to go Labour office, you just tell your HR that you have no other way to solve your issue, so your going go labour office. Surely they will afraid, and try to solve your issues.
Still If they are stubborn, take all your offer and appointment letter along with a complaint letter and meet the area labour officer and get solution for your problem.
From India, Madras
It will not affect your career. Labour department is there to protect employees from your type of companies.
You no need to go Labour office, you just tell your HR that you have no other way to solve your issue, so your going go labour office. Surely they will afraid, and try to solve your issues.
Still If they are stubborn, take all your offer and appointment letter along with a complaint letter and meet the area labour officer and get solution for your problem.
From India, Madras
OK. Thank you so much to all of you for taking time to give a solution. I was really afraid. But for now I got a path to solve this. I personally thank to Bala. Thanks to all once again...
From India, Mumbai
From India, Mumbai
Raj,
I'm damn sure, 99% your problem will get solved. (Except the possibility of 1%).
If you don't get your problem solved still, come back to us. Will give you a solution for that 1% too.
Do not afraid! Problems are arising with solutions. None in this world is going to exist permanently, we all are going to disappear one day. This (jalebi) problem, how long it is going to exist. This problem raised just to wake you up from your sleep. Try to be alert!! This problem giving you a good experience for your future work career. that's it!! Nothing much!!
From India, Madras
I'm damn sure, 99% your problem will get solved. (Except the possibility of 1%).
If you don't get your problem solved still, come back to us. Will give you a solution for that 1% too.
Do not afraid! Problems are arising with solutions. None in this world is going to exist permanently, we all are going to disappear one day. This (jalebi) problem, how long it is going to exist. This problem raised just to wake you up from your sleep. Try to be alert!! This problem giving you a good experience for your future work career. that's it!! Nothing much!!
From India, Madras
Hello Bala,
Yes, you're right. Thanks for your motivation. I've really learnt a lesson from this. Getting into an IT Job as a fresher is so difficult now a days. There is no much openings for freshers now a days. I'm 2012 passed out, I really took hard time to find an opening in development part. Suddenly when I got this job, I gone mad and agreed to all what they said. I'll seek help from regional labour office with full trust. You're so kind. Thank you very much.
From India, Mumbai
Yes, you're right. Thanks for your motivation. I've really learnt a lesson from this. Getting into an IT Job as a fresher is so difficult now a days. There is no much openings for freshers now a days. I'm 2012 passed out, I really took hard time to find an opening in development part. Suddenly when I got this job, I gone mad and agreed to all what they said. I'll seek help from regional labour office with full trust. You're so kind. Thank you very much.
From India, Mumbai
Raj
You have already put your head in the Guilletine.You have joined a Co who has no regard for law or humane .
These breed of Cos, especially The foreign ones think that indian laws are not applicable to them.Will they allow us to run a Co in their country without obeying thir laws.
Varghese Mathew
From India, Thiruvananthapuram
You have already put your head in the Guilletine.You have joined a Co who has no regard for law or humane .
These breed of Cos, especially The foreign ones think that indian laws are not applicable to them.Will they allow us to run a Co in their country without obeying thir laws.
Varghese Mathew
From India, Thiruvananthapuram
Hello,
I have seen this type of problem in my career, whereas I have a way to move you away from this situation, but in future you can't join the same company again...
You just have to make a bad impression towards company, such as uninformed leave, regular late going, frequent breaks breaking rules of company.
I know this way is not allowed but they have your documents so this is the best way to get terminated, when company take such decision they can't hold your bond anymore.
Going to police or lawyer surely not help you it will be a long hectic process..
~Dear seniors, please pardon me for showing wrong way!!!
But this will work for sure..
God Bless you.
Best Regards,
Bhaskar Dasgupta
From India, Vadodara
I have seen this type of problem in my career, whereas I have a way to move you away from this situation, but in future you can't join the same company again...
You just have to make a bad impression towards company, such as uninformed leave, regular late going, frequent breaks breaking rules of company.
I know this way is not allowed but they have your documents so this is the best way to get terminated, when company take such decision they can't hold your bond anymore.
Going to police or lawyer surely not help you it will be a long hectic process..
~Dear seniors, please pardon me for showing wrong way!!!
But this will work for sure..
God Bless you.
Best Regards,
Bhaskar Dasgupta
From India, Vadodara
Hi,
I do agree that companies have right to sue against their ex-employees for violation of contracts. But as per the recent judgments by SC and various High Courts nowadays bonds are not valid in India.
In India Bond is illegal w.r.t employment since as per the Indian Statute, bonded labor system was long abolished and no bond can force any person to work against the employees wishes.
Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the Constitution the write work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under Article 19.
As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided.
Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices.
As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.
Sec 368 of Indian Penal Code talks about extortion by the threatening to file a legal suit. The minimum punishment under this act is 2 two years.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.
The Supremes Court also has stated that the employer cannot hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same.
Any complain on the company would land the Directors and Managing Directors of the company in Jail or face the risk of Exemplary Damages, as the company is not an actual living entity but only a legal entity and the management are hands and heads of the company.
Bonds are applicable only if the company has spend money on the personal grooving and enhancement of the employees, but not just a training that helps employees perform better.
There is nothing harm to fight for justice.
All the best for your future.
Thanks
Karthi
From India, Hyderabad
I do agree that companies have right to sue against their ex-employees for violation of contracts. But as per the recent judgments by SC and various High Courts nowadays bonds are not valid in India.
In India Bond is illegal w.r.t employment since as per the Indian Statute, bonded labor system was long abolished and no bond can force any person to work against the employees wishes.
Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the Constitution the write work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under Article 19.
As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided.
Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices.
As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.
Sec 368 of Indian Penal Code talks about extortion by the threatening to file a legal suit. The minimum punishment under this act is 2 two years.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.
The Supremes Court also has stated that the employer cannot hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same.
Any complain on the company would land the Directors and Managing Directors of the company in Jail or face the risk of Exemplary Damages, as the company is not an actual living entity but only a legal entity and the management are hands and heads of the company.
Bonds are applicable only if the company has spend money on the personal grooving and enhancement of the employees, but not just a training that helps employees perform better.
There is nothing harm to fight for justice.
All the best for your future.
Thanks
Karthi
From India, Hyderabad
Hi Raj
I hope your problem is sorted out.
I am curious about this .. are you the ONLY one facing this issue ? If not, would the others join hands with you and support you ?
Also, maybe better to approach the RLO informally first to know what view they take of whatever contracts you have signed to and their legal validity...unless the Company is really small, they could have also done due diligence....
From United States, New York
I hope your problem is sorted out.
I am curious about this .. are you the ONLY one facing this issue ? If not, would the others join hands with you and support you ?
Also, maybe better to approach the RLO informally first to know what view they take of whatever contracts you have signed to and their legal validity...unless the Company is really small, they could have also done due diligence....
From United States, New York
You are quoting rules and sections out of context and some that do not exist.
In the process you are confusing people.
Do your self a favour and read the bonded labour law. It has nothing to do worth bonds of the type we are talking of.
Bond asking a person to work for a certain period in exchange for training is valid. Further, the amount is generally related to training costs. The training needs to be for work and not personal grooming.
Stop misleading people
From India, Mumbai
In the process you are confusing people.
Do your self a favour and read the bonded labour law. It has nothing to do worth bonds of the type we are talking of.
Bond asking a person to work for a certain period in exchange for training is valid. Further, the amount is generally related to training costs. The training needs to be for work and not personal grooming.
Stop misleading people
From India, Mumbai
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Employer suit for breaking service bond within 3 yrs - Delhi HC 5.9.2014.pdf
Bond letter.doc