Hi Friends,
I used to work with a MNC BPO company in Delhi since January 2007. In Feb 2007, the company sent me along with some other people to U.K. for 8 weeks for some on job training (as they call it) on our client's site to gain the process (business) knowledge so that I can perform the same work at our Delhi based office.
Before sending me to U.K. they made me sign a service bond for 2 years with a value of Rs. 2 Lacs. The format of the service bond which I had signed is also attached herewith. The terms of the bond is that I will have to continue to serve the company for two years after I return from U.K. I had already completed 16 months of this bond period. The only bond period left was just 8 months. Further please note that the work which I used to do in Delhi is now being performed by some other employee who was trained by me for good two to three months. She was independently handling the job and the business was also running smoothly at the time when I got myself transferred to Kolkata. Hence my manager in Delhi also agreed to release me as I properly trained a new employee on my existing job. Later on I got myself transferred to our Kolkata office where I was waiting for my new assignment to begin.
In this meanwhile I got a very good opportunity in some other company offering me day shifts and I accepted to join them. Before joining I also told them regarding my bond issue but they accepted a copy of my resignation e-mail as a proof of resigning from my previous company.
Accordingly I resigned from my previous company after serving proper notice period and had requested my manager to waive the bond amount but the HR told me that they will not waive the amount which amounts to Rs. 1 Lac. Now they have sent me a letter through a Lawyer demanding Rs.90,448.00 which I am unable/unwilling to pay. What can happen if the company files a legal case against me? Please advise whether I am in a position where I can defend any legal case which the company can file against me?"
“Here it is to be noted that when I joined my previous company, I was having a work experience of 4 years for which I also have a work experience certificate. There was no such training given to me in U.K. We only used to sit beside our U.K. colleagues and used to see the work they do. Later on we started doing the same work from our Delhi office. Also given the fact I trained a new employee for complete three months in Delhi before taking a transfer to Kolkata signifies that the company did not suffer any losses which they are claiming now. In Kolkata, I was on bench and was waiting for my new assignment to begin and that is when I resigned after serving proper notice period”
So friends based on above facts can you please guide me as to where do I stand if any legal case is initiated against me by my ex employer? The bond copy is enclosed.
From India, Calcutta
1I used to work with a MNC BPO company in Delhi since January 2007. In Feb 2007, the company sent me along with some other people to U.K. for 8 weeks for some on job training (as they call it) on our client's site to gain the process (business) knowledge so that I can perform the same work at our Delhi based office.
Before sending me to U.K. they made me sign a service bond for 2 years with a value of Rs. 2 Lacs. The format of the service bond which I had signed is also attached herewith. The terms of the bond is that I will have to continue to serve the company for two years after I return from U.K. I had already completed 16 months of this bond period. The only bond period left was just 8 months. Further please note that the work which I used to do in Delhi is now being performed by some other employee who was trained by me for good two to three months. She was independently handling the job and the business was also running smoothly at the time when I got myself transferred to Kolkata. Hence my manager in Delhi also agreed to release me as I properly trained a new employee on my existing job. Later on I got myself transferred to our Kolkata office where I was waiting for my new assignment to begin.
In this meanwhile I got a very good opportunity in some other company offering me day shifts and I accepted to join them. Before joining I also told them regarding my bond issue but they accepted a copy of my resignation e-mail as a proof of resigning from my previous company.
Accordingly I resigned from my previous company after serving proper notice period and had requested my manager to waive the bond amount but the HR told me that they will not waive the amount which amounts to Rs. 1 Lac. Now they have sent me a letter through a Lawyer demanding Rs.90,448.00 which I am unable/unwilling to pay. What can happen if the company files a legal case against me? Please advise whether I am in a position where I can defend any legal case which the company can file against me?"
“Here it is to be noted that when I joined my previous company, I was having a work experience of 4 years for which I also have a work experience certificate. There was no such training given to me in U.K. We only used to sit beside our U.K. colleagues and used to see the work they do. Later on we started doing the same work from our Delhi office. Also given the fact I trained a new employee for complete three months in Delhi before taking a transfer to Kolkata signifies that the company did not suffer any losses which they are claiming now. In Kolkata, I was on bench and was waiting for my new assignment to begin and that is when I resigned after serving proper notice period”
So friends based on above facts can you please guide me as to where do I stand if any legal case is initiated against me by my ex employer? The bond copy is enclosed.
From India, Calcutta
My Dear,
U r not having money this information is not true. The fact is that U are interested to take discharge from your service bond. What is the basic reason behind ur decision I understand. Now a days a BPO,LPO,KPO these types of industries working culture is much more is the first rule of survival in these industries. Considering your case kindly read clause 10 of ur contract, which is clearily said that whatever amount deducted from your salary in various funds that amount will be decuted by the employer if you will not follow the terms and conditions of the bond. So, it doesn't matter. Allow him to deduct that amount and take your relieving letter. not giving a relieving letter, it is also a criminal offence. For detail kindly send me mail at [IMG]https://www.citehr.com/misc.php?do=email_dev&email=ZGpmYXJtQHdlYmR1bmlhLm NvbQ==[/IMG]
IR and Legal Manager.
From India, Mumbai
U r not having money this information is not true. The fact is that U are interested to take discharge from your service bond. What is the basic reason behind ur decision I understand. Now a days a BPO,LPO,KPO these types of industries working culture is much more is the first rule of survival in these industries. Considering your case kindly read clause 10 of ur contract, which is clearily said that whatever amount deducted from your salary in various funds that amount will be decuted by the employer if you will not follow the terms and conditions of the bond. So, it doesn't matter. Allow him to deduct that amount and take your relieving letter. not giving a relieving letter, it is also a criminal offence. For detail kindly send me mail at [IMG]https://www.citehr.com/misc.php?do=email_dev&email=ZGpmYXJtQHdlYmR1bmlhLm NvbQ==[/IMG]
IR and Legal Manager.
From India, Mumbai
Hi,
Thanks for your reply. But the situation now is that my company owes only 17 days salary + 26 days paid leaves to me. The amount will be very small. Even they adjust this amount with the bond, they will not give me the relieving lettter. Actually the bond which I have signed is a little different from the format attached above. I think that they have recently changed some clauses which I realised now. I will email u the exact format on your email and request you to please advice me on this matter.
Regards.
Manoj.
From India, Calcutta
Thanks for your reply. But the situation now is that my company owes only 17 days salary + 26 days paid leaves to me. The amount will be very small. Even they adjust this amount with the bond, they will not give me the relieving lettter. Actually the bond which I have signed is a little different from the format attached above. I think that they have recently changed some clauses which I realised now. I will email u the exact format on your email and request you to please advice me on this matter.
Regards.
Manoj.
From India, Calcutta
Dear
You can always negotiate with your employer and have a decent exit on negotiated & mutually agreeable terms ,if you can hire a local lawyer to do it for you.
With Regards
V.Sounder Rajan
E-mail :
,
From India, Bangalore
You can always negotiate with your employer and have a decent exit on negotiated & mutually agreeable terms ,if you can hire a local lawyer to do it for you.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
Hi,
Thanks for your advice. Further hiring a lawyer is the last option. My employer has not come back to me yet. Now I am in need of Form 12B (Income Tax Form stating the total income earned from the last employer and tax deducted by the last employer) to submit to my new employer. Do you think that my last employer can deny me these documents as I have not yet paid them any money for the full and final settlement.
Please advice.
Regards.
Manoj.
From India, Calcutta
Thanks for your advice. Further hiring a lawyer is the last option. My employer has not come back to me yet. Now I am in need of Form 12B (Income Tax Form stating the total income earned from the last employer and tax deducted by the last employer) to submit to my new employer. Do you think that my last employer can deny me these documents as I have not yet paid them any money for the full and final settlement.
Please advice.
Regards.
Manoj.
From India, Calcutta
I am an advocate practicing in the Sub Court of Thrissur,Kerala.I am a standing counsel for one of the leading Jewellery in India.It is my pleasure if you can help me with a sample form of the employment agreement in relation with jewellery workers.
Regards
Liya.
From India, Thrissur
Regards
Liya.
From India, Thrissur
Service Bond
Dear all,
I am working with conductor manufacting unit. We are sending our employees to foreign for training but within short period they left from the job. We think for 3 years service bond with them.
All are requested to send the formates of service bonds.
wr,
SATISH MARATHE
From India, Surat
Dear all,
I am working with conductor manufacting unit. We are sending our employees to foreign for training but within short period they left from the job. We think for 3 years service bond with them.
All are requested to send the formates of service bonds.
wr,
SATISH MARATHE
From India, Surat
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