shah01ankita
377

Ideally, when the company gets a majority of yes, they may not stop themselves from amending the new policy...
However, ideally they are bound to discuss the pros and cons of the new policy with the few candidates who are not agreeing to the new policy.
Did you and your colleagues raised a concern to oppose the new policy of signing the bond in written was that just a verbal gesture. Do you have any proofs to build your case stronger?
Secondly, what is the tenure of your employment with the company, when was the bond system introduced/you all were communicated about it, how was the communication regarding new amendment made, was a consensus taken, when did you resign, will any of your ex-colleagues who resigned without the clearance of dues / handing over of proper documents be willing to support your case when you address your concern?

From India, Mumbai
jobdhundo123@gmail.com
3

Did you and your colleagues raised a concern to oppose the new policy of signing the bond in written was that just a verbal gesture. Do you have any proofs to build your case stronger?

They communicated it verbally about the bond initially and we all opposed to it verbally nothing in written.



Secondly, what is the tenure of your employment with the company 9 months

when was the bond system introduced/you all were communicated about it, how was the communication regarding new amendment made, was a consensus taken,

The bond system was introduced when i completed my 6 months and initially it was told that they are going to thinking about introducing it due to high attrition rate

Then around end of may i everyone was called one by one to sign the bond when i was called the i asked the hr about the terms and conditions of the bond

1)She said its 3 yrs of bond and if you leave then you will be liable to penalty and also if you sign it and leave before 3 years then even if you serve notice period you wont get you're letters (During the tenture if the company feels that you're not performing well then they can fire you without any prior notice and you will be asked to discontinue the service from next day)

2)If i dont sign the bond i can continue with the job but i will not get any documents and (good feedback in case of reference checks)

When i said that i need to think the HR asked but what is the issue i said

i. salary is less

ii. 3 yrs is a long period to commit and even if i commit for 3 years in case of emergency if i have to leave then they wont be giving my any documents

iii. I need to consult with my family members regarding this

She said i need to know by tomorrow whats ur decision

I just told her the next day that i wont be comfortable signing the bond

So she told me she will inform y project manager about this and tell me about their decision

Then they called everyone in 3rd week of june and announced that those who are not signing the bond will not get any of the documents from our side

If though few people raised their concern that it is unfair they said its a policy which wont change

I continued working till 2nd week of july but situation became very worse regular taunting and insult by them was unbearable

Even i have an extra cup of tea or coffee i was taunted about it

Also in a way they wer telling me to do my handover like documenting all the work i have done till now

Training other employees about applications which i had worked on - I had a feeling that they will remove me thats the reason i decided to resign

when did you resign,

I resigned to 2nd week of july itself

will any of your ex-colleagues who resigned without the clearance of dues / handing over of proper documents be willing to support your case when you address your concern?

Yes all my ex colleagues will support me in this case if i ask them.

From India, Mumbai
jobdhundo123@gmail.com
3

I missed a few points
1 more clause of the bond was to submit my originals
Also all employees have signed on a paper about the bond and they have not yet received an acknowledgment of same
Sorry for the english i was typing really fast
Pls do ask me any further questions if you want to understand my full case

From India, Mumbai
shah01ankita
377

Do you have a written copy of the agreement?

You ask them for the document or ask them to give you photocopy so that you can think over it for one more night, cook up any story and get photocopy atleast...

If the document has written - You need to submit your documents in original, what documents are require....

Irrespective of the documents they seek, mind that seeking original documents to keep in their vaults as a deterent to avoid the people leaving the company is not a good practice and you can complain against this action to the police station by filing FIR.... Note that the police station shall be the one in your office area....

Secondly, you have worked for 9 months, were you given any kind of training?

Is there training mentioned in the bond?

Do they write what would happen if they terminate the employment in the said tenure? (It is understandable that if they find you guilty of gross misconduct and have proofs for it, they can terminate you, else they need to compensate you)

Is the bond one sided or two sided?

If the bond speaks only on your liability and you have nothing to gain, it is a one sided bond...

As per the contract act, a contract is valid only if both parties gain something from it... Here they are gaining but there is no mention of yours, so it will be a one sided bond which is null and void....

Thirdly, no company can seek any amount as bond amount and you can't recover it from any employee except for the amount that they've spent in training you. So if you have not been given any training, you are not liable to pay a penny also.

Now what to do...

Firstly, by any means try to get in touch with HR and seek a photocopy of the contract / service bond which you can take home to study in detail and think over...

Then you can draft a mail stating that asking to submit original documents is like forcing an employee to work for your company. This violates what is mention in the Constitution of India which gives every Indian the right to choose if or not he/she is willing to work for any employer.

Add to it that if you'd be forced to submit the original documents then you have no other option but to file a FIR against the company's practice.

Secondly, since the bond was introduced after you had already joined the company and since you objected to this practice from the beginning you have the option to either accept the new policy or to quit. If you are quitting the company should relieve you with proper documents as nowhere in the appointment letter was it mentioned about the bond. And since you are not happy with the new policy and since the company wishes to introduce the bond system, you are happy to resign but the company is unwilling to relieve which again will work against the company....

Seek help from a legal advisor and draft a mail or notice and register AD it to the company....

Awaiting Senior's advise as well.

From India, Mumbai
anil.arora
664

Hi,
You must visit to the following link and read the responses by members and query by the owner and im sure you will get the direction where you need to proceed further
https://www.citehr.com/467115-curren...od-buyout.html

From India, Gurgaon
couvery
183

At this level, what you can do is only to go to your previous company and have a talk with HR and tell them because of some xyz reasons you was not able to come to the office and resigned from the position and request them to please provide you the experience letter and fnf docs. If they agree then good for you.
Also, you mentioned you worked there for only 10 months and not even for an year then you can go for interview as a fresher as an experience that is even less than a year doesn't matters a lot for you. And make sure not to repeat the mistake again.

From India, Lucknow
aheblikar
Dear
If I would have been at your place, then I would have approached my previous company and apologized for leaving with 1 day notice. And would have requested for experience and relieving letter. If they would have refused it then, I would send an email with the reason of leaving job, my designation, duration I served there and duties and would have asked to reply to my email. This will become atleast a confirmation of me working there with my duration and job title, duties.
OR
I will honestly tell my new employer the reason of leaving job but by not degrading the old co. For eg.: I will say, I used to work in ABC co. The co. changed the policies and asked to sign the bond which I disagreed. I didn't get the experience letter as they didnt accept my resignation letter and wanted me to stay back. Co. was no doubt very good. But I guess we both didnt agree on terms so left.
If they are Ok with your fellow colleagues reference then provide them with the same.

From India, Mumbai
jobdhundo123@gmail.com
3

Hello guys thanks a lot for all your help. I did go back to my previous company but it was of no help they just dint accept my resignation and told me they have declared me absconding and went there to give my resignation letter but they did not accept it also i offered them to pay the compensation as it mentioned in the appointment letter that either you serve 3 months notice period or lieu of the notice period my paying up the 3 month salary also which they refused.
I got an offer from my another company they are fine if i join without all these documents
Now my question is in future will any company ask for my first employers documents?

From India, Mumbai
nashbramhall
1624

In future employers won't ask if you tell them in advance why you left the company.
May I take this opportunity to suggest that it is better to give all the information about the situation leading to the query, to save bloggers having to ASSUME or keep asking questions to get at the details.

From United Kingdom
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