Hi ,
One month back I have put resignation paper into my company. now my company is asking me to sign a bond which says :
" Employee can not join any client company till three years , for which he has worked for more than 6 months after date of releaving. if i will join that company i nned to pay 10 lakhs to my current company"
I went to onsite and came bace from there in september 2012. At that time policy was
"Employee can not join any client company till 6 months after returning from client company."
there was no previous intimation to me or any of the emploee about this policy and they are asking to sign this bond after i have put the papers.
In the case I will not sign this bond they are not ready to give me releaving letter.
Is it a legal to ask any kind of bond after resignation??
Regards
Alok
9566025183
From India, Chennai
One month back I have put resignation paper into my company. now my company is asking me to sign a bond which says :
" Employee can not join any client company till three years , for which he has worked for more than 6 months after date of releaving. if i will join that company i nned to pay 10 lakhs to my current company"
I went to onsite and came bace from there in september 2012. At that time policy was
"Employee can not join any client company till 6 months after returning from client company."
there was no previous intimation to me or any of the emploee about this policy and they are asking to sign this bond after i have put the papers.
In the case I will not sign this bond they are not ready to give me releaving letter.
Is it a legal to ask any kind of bond after resignation??
Regards
Alok
9566025183
From India, Chennai
Hello Alok,
There's absolutely no legal basis for asking such a Bond AFTER resignation.
How long were you on-site? Also, what is the basis for the amount to be 10 lakhs?
Suggest wait for the Legal Members to respond with the course-of-actions available to you.
All the Best.
Rgds,
TS
From India, Hyderabad
1637There's absolutely no legal basis for asking such a Bond AFTER resignation.
How long were you on-site? Also, what is the basis for the amount to be 10 lakhs?
Suggest wait for the Legal Members to respond with the course-of-actions available to you.
All the Best.
Rgds,
TS
From India, Hyderabad
Hi,
I was at client location(Intel Banglore) almost for 11 month. Basics is they are saying if employee will join the client company then this company is not getting projects from the client.
Regards
Alok
From India, Chennai
I was at client location(Intel Banglore) almost for 11 month. Basics is they are saying if employee will join the client company then this company is not getting projects from the client.
Regards
Alok
From India, Chennai
HI tajsateesh , Please let e know about some legal action against this.. Regards Alok
From India, Chennai
From India, Chennai
Firstly, try and get it in writing from them that they will not issue the relieving letter till you sign this bond.
upon receipt of the written evidence from them, sendthem an official email seeking a relieving order. State in the mail that these new terms cannot be incorporated at their whims and fancy. And also, for a contract, the terms have to e mutually agreed upon, before the start of employment and not to be enforced by blackmail and arm twisting.
Mention in the email, not issuing a relieving letter by forcing to sign a bond is blackmail. And it attracts penalty under both the IPC and Cr.PC. Hence, you will be constrained to file a police complaint. They will all in line.
A similar case has happened last week. An employee from a body shopping company was working at the clients place (HP). He got a job in another MNC company. He was asked for a bond or a huge compensation if he works for any client company. He asked him to give it in writing and responded back stating that since he is being blackmailed, he as no other alternative but to give a police complaint. After he got the letter from them in writing, there was tremendous pressure on him to sign the bond. He just plainly told them, he is getting legal opinion. Those jokers in the company bought this. On the last working day he sent a mail at 5 pm stating he has been advised to go to Police with a complaint. Within 15 minutes his relieving order was issued.
Hope you too succeed.
From Indonesia, Jakarta
upon receipt of the written evidence from them, sendthem an official email seeking a relieving order. State in the mail that these new terms cannot be incorporated at their whims and fancy. And also, for a contract, the terms have to e mutually agreed upon, before the start of employment and not to be enforced by blackmail and arm twisting.
Mention in the email, not issuing a relieving letter by forcing to sign a bond is blackmail. And it attracts penalty under both the IPC and Cr.PC. Hence, you will be constrained to file a police complaint. They will all in line.
A similar case has happened last week. An employee from a body shopping company was working at the clients place (HP). He got a job in another MNC company. He was asked for a bond or a huge compensation if he works for any client company. He asked him to give it in writing and responded back stating that since he is being blackmailed, he as no other alternative but to give a police complaint. After he got the letter from them in writing, there was tremendous pressure on him to sign the bond. He just plainly told them, he is getting legal opinion. Those jokers in the company bought this. On the last working day he sent a mail at 5 pm stating he has been advised to go to Police with a complaint. Within 15 minutes his relieving order was issued.
Hope you too succeed.
From Indonesia, Jakarta
Hi Anonymous ,
Very -very thanks for the suggestion. I will make it in practical. But if i will be having some information some low -section related to my issue then it will be more helpgul for me ,,
Regards
Alok
From India, Chennai
Very -very thanks for the suggestion. I will make it in practical. But if i will be having some information some low -section related to my issue then it will be more helpgul for me ,,
Regards
Alok
From India, Chennai
Hello Alok,
You got a good suggestion--go ahead & implement it.
Reg 'some information some low -section related to my issue', frankly, I don't think that would be needed. One doesn't need to ACTUALLY KNOW in such situations--what's more important is for the other guy to 'GET THE FEELING' that you know. Hope you get the difference/point.
All the Best.
Rgds,
TS
From India, Hyderabad
You got a good suggestion--go ahead & implement it.
Reg 'some information some low -section related to my issue', frankly, I don't think that would be needed. One doesn't need to ACTUALLY KNOW in such situations--what's more important is for the other guy to 'GET THE FEELING' that you know. Hope you get the difference/point.
All the Best.
Rgds,
TS
From India, Hyderabad
hi There has no any provision for asking a bond after resignation letter. You must go to the legal experts for solving this matter.
From India, Hyderabad
From India, Hyderabad
Hi All,
I have my releving at 15 may 2013. I have started the process of the mail . Can you please suggest me somme legal and some section of so that I can read those and apply accordingly.
Regards
Alok
From India, Chennai
I have my releving at 15 may 2013. I have started the process of the mail . Can you please suggest me somme legal and some section of so that I can read those and apply accordingly.
Regards
Alok
From India, Chennai
Alok,
You may go ahead and tell your hr team that you refuse to sign any bond at this stage after you have resigned and that you are not willing to agree to changed conditions. Depending on what the business is, you need to see which act you are covered in. Most shop and establishment act provide for giving releasing letters / service record except in absconding cases. So you are protected by law.
In case you do not get a relieving letter, it's not such a big deal. Keep records of the mail from hr asking you to sign the bond or that they will not give relieving letter, and all your correspondent in the matter. Show it to your future employers and they will understand.
Incidentally, you can also sign the bond, as it has no legal validity. There are court cases declaring that a bond or agreement restricting future employment is illegal in india (search for the cases on google). So even if you sign and then join a client, they can't do anything against you. But it's better that you do not sign the agreement
From India, Mumbai
You may go ahead and tell your hr team that you refuse to sign any bond at this stage after you have resigned and that you are not willing to agree to changed conditions. Depending on what the business is, you need to see which act you are covered in. Most shop and establishment act provide for giving releasing letters / service record except in absconding cases. So you are protected by law.
In case you do not get a relieving letter, it's not such a big deal. Keep records of the mail from hr asking you to sign the bond or that they will not give relieving letter, and all your correspondent in the matter. Show it to your future employers and they will understand.
Incidentally, you can also sign the bond, as it has no legal validity. There are court cases declaring that a bond or agreement restricting future employment is illegal in india (search for the cases on google). So even if you sign and then join a client, they can't do anything against you. But it's better that you do not sign the agreement
From India, Mumbai
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