Hi All,
I am very much in trouble. 1 year back, I joined a company and signed a bond of two years with my parents' signature on it. The bond was to be completed in 2014. I left the company 2 months ago in very tense circumstances; the management of the company used to harass me. I left the company by simply sending them an email stating the reason as "Harassment". I did not follow any procedure, notice period, or anything, but I was getting sick there, so I just left. Now they have sent me a legal notice and have made false allegations of data theft, company loss, pen drive theft, etc., and are asking for a sum of 1.25 lakhs within 15 days of the legal notice. Failing this, legal actions would be taken against me (civil and criminal law). I have not done anything wrong and left the company because the working environment was unbearable there. Being a girl, I was not able to tolerate that.
This is just a brief overview; I have faced much worse there. Now I have joined a new company, and I am really worried about my future.
Please guide me on what to do. I have not caused any harm to the company in any way. However, this company's MD is very cheap; he is well supported by legal advisers.
Please let me know if you require more details.
Thanks.
Aastha.
From India, Ambala
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I am very much in trouble. 1 year back, I joined a company and signed a bond of two years with my parents' signature on it. The bond was to be completed in 2014. I left the company 2 months ago in very tense circumstances; the management of the company used to harass me. I left the company by simply sending them an email stating the reason as "Harassment". I did not follow any procedure, notice period, or anything, but I was getting sick there, so I just left. Now they have sent me a legal notice and have made false allegations of data theft, company loss, pen drive theft, etc., and are asking for a sum of 1.25 lakhs within 15 days of the legal notice. Failing this, legal actions would be taken against me (civil and criminal law). I have not done anything wrong and left the company because the working environment was unbearable there. Being a girl, I was not able to tolerate that.
This is just a brief overview; I have faced much worse there. Now I have joined a new company, and I am really worried about my future.
Please guide me on what to do. I have not caused any harm to the company in any way. However, this company's MD is very cheap; he is well supported by legal advisers.
Please let me know if you require more details.
Thanks.
Aastha.
From India, Ambala
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Dear TRUESOUL,
Welcome to CiteHR.com!
There are many companies that call themselves companies by virtue of incorporating themselves under the Companies Act; however, they are no better than a gang of white-collar criminals. Engaging in nefarious activities, evading rightful government taxes and royalties, and exploiting gullible employees are a few of their routine practices. Many such rogue companies operate with impunity and show utter disdain for the law.
I am certain that the illegal bond they made you sign must contain several repugnant clauses that render it unenforceable in any court of justice. The notice of Rs. 1.25 lakh that they sent you in itself constitutes harassment.
You need to engage a competent lawyer to provide a legal response to their notice, along with a claim of mental harassment and exploitation that led to your resignation. Highlight the fact that even after leaving your job, they continue to harass you.
Have the company adhered to labor laws? Was your PF deducted and contributed regularly? Did they provide maternity leave to their female employees? Did they pay gratuity to eligible employees upon separation? Do they comply with the Minimum Wages Act?
There are numerous aspects that only you can address. If the company has been flouting the aforementioned compliances, you can include all such allegations in your response.
Furthermore, make it clear that if they persist in harassing you baselessly, you will be compelled to file a criminal case against them.
Stay strong and do not succumb to such threats.
Please feel free to reach out in case you require further clarification or assistance.
Warm regards.
From India, Delhi
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1497Welcome to CiteHR.com!
There are many companies that call themselves companies by virtue of incorporating themselves under the Companies Act; however, they are no better than a gang of white-collar criminals. Engaging in nefarious activities, evading rightful government taxes and royalties, and exploiting gullible employees are a few of their routine practices. Many such rogue companies operate with impunity and show utter disdain for the law.
I am certain that the illegal bond they made you sign must contain several repugnant clauses that render it unenforceable in any court of justice. The notice of Rs. 1.25 lakh that they sent you in itself constitutes harassment.
You need to engage a competent lawyer to provide a legal response to their notice, along with a claim of mental harassment and exploitation that led to your resignation. Highlight the fact that even after leaving your job, they continue to harass you.
Have the company adhered to labor laws? Was your PF deducted and contributed regularly? Did they provide maternity leave to their female employees? Did they pay gratuity to eligible employees upon separation? Do they comply with the Minimum Wages Act?
There are numerous aspects that only you can address. If the company has been flouting the aforementioned compliances, you can include all such allegations in your response.
Furthermore, make it clear that if they persist in harassing you baselessly, you will be compelled to file a criminal case against them.
Stay strong and do not succumb to such threats.
Please feel free to reach out in case you require further clarification or assistance.
Warm regards.
From India, Delhi
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I echo Mr. Raj Kumar. Take the help of a lawyer and give them a befitting reply to their legal notice. Thereafter, you can send a legal notice or file a case for harassment.
When you are at ease, please let us know whether you have undergone any training or went abroad on the company's expenditure during the course of your employment. What was the content of the bond signed by your parents? Normally, bonds are signed by the employee; there is no role for parents to be involved in signing any bond. On what terms are they asking for 1.25 Lacs? Also, let us know what was your designation/job profile to ascertain the data theft claimed by them.
From India, Ahmadabad
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When you are at ease, please let us know whether you have undergone any training or went abroad on the company's expenditure during the course of your employment. What was the content of the bond signed by your parents? Normally, bonds are signed by the employee; there is no role for parents to be involved in signing any bond. On what terms are they asking for 1.25 Lacs? Also, let us know what was your designation/job profile to ascertain the data theft claimed by them.
From India, Ahmadabad
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It is now amply clear that the company has been engaging in several illegal activities, including financial irregularities. You can discuss and disclose these matters to your counsel, and when responding, these issues can be addressed. Meanwhile, you can begin searching for a new job.
Warm regards.
From India, Delhi
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Warm regards.
From India, Delhi
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Dear Asthay,
I am really very happy that one of our expert advisors, Mr. Ravikumar, advised you the best. Do not worry. The notice sent by that organization is completely unconstitutional. Either they are trying to scare you, or the personnel who has sent you the notice is not aware of the Employment Law. Once the matter goes to court, the employee has to disclose a lot of things, which may create difficulties for the employee.
From India
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I am really very happy that one of our expert advisors, Mr. Ravikumar, advised you the best. Do not worry. The notice sent by that organization is completely unconstitutional. Either they are trying to scare you, or the personnel who has sent you the notice is not aware of the Employment Law. Once the matter goes to court, the employee has to disclose a lot of things, which may create difficulties for the employee.
From India
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Dear Aastha,
They have sent a notice stating that you committed theft through pen drive data transit. Without conducting a domestic enquiry at that time, it is not valid in its nature, and moreover, without witnesses, it is not valid. After leaving the organization, they keep their allegations. How meaningful is it? You can include this in your lawyer's notice, and if necessary, you can approach the labor department (ACL/DCL) in your jurisdiction.
Don't be discouraged, instead, be challenged towards victory.
From India, Secunderabad
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They have sent a notice stating that you committed theft through pen drive data transit. Without conducting a domestic enquiry at that time, it is not valid in its nature, and moreover, without witnesses, it is not valid. After leaving the organization, they keep their allegations. How meaningful is it? You can include this in your lawyer's notice, and if necessary, you can approach the labor department (ACL/DCL) in your jurisdiction.
Don't be discouraged, instead, be challenged towards victory.
From India, Secunderabad
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Dear Aastha,
There is no such law on bonded labor in India. Don't worry, these types of companies are becoming more prevalent in India. Some companies will keep the employees' certificates, while others will require agreements. Nowadays, such companies are on the rise. Initially, they may take your certificates and allow you to work. However, upon completion of the work, they may begin to harass you. If you decide to leave the company, they may force you to pay a certain amount. Don't worry. Please call me.
My name is J. Srinivas, M.S.C., L.L.M., an advocate from the Andhra Pradesh High Court.
Contact number: 9676299867
Thank you.
From India, Hyderabad
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There is no such law on bonded labor in India. Don't worry, these types of companies are becoming more prevalent in India. Some companies will keep the employees' certificates, while others will require agreements. Nowadays, such companies are on the rise. Initially, they may take your certificates and allow you to work. However, upon completion of the work, they may begin to harass you. If you decide to leave the company, they may force you to pay a certain amount. Don't worry. Please call me.
My name is J. Srinivas, M.S.C., L.L.M., an advocate from the Andhra Pradesh High Court.
Contact number: 9676299867
Thank you.
From India, Hyderabad
Acknowledge(0)Amend(0)
Dear Aastha,
There is no law against bonded labor in India. Don't worry, these types of companies are becoming more common in India. Some companies keep employee certificates, while others make employees sign agreements. Nowadays, such companies are prevalent. Initially, they may take your certificates and allow you to work. However, upon completion of the work, they may begin harassing you. If you decide to leave the company, they may force you to pay a certain amount. Don't worry. Feel free to call me.
My name is J. Srinivas, an advocate with an M.Sc. LLM degree from Andhra Pradesh High Court. You can reach me at #9676299867.
Attribution: [link to the source](https://www.citehr.com/470977-trouble-legal-notice-criminal-law.html#ixzz2f7XqnQrq)
From India, Hyderabad
Acknowledge(0)Amend(0)
There is no law against bonded labor in India. Don't worry, these types of companies are becoming more common in India. Some companies keep employee certificates, while others make employees sign agreements. Nowadays, such companies are prevalent. Initially, they may take your certificates and allow you to work. However, upon completion of the work, they may begin harassing you. If you decide to leave the company, they may force you to pay a certain amount. Don't worry. Feel free to call me.
My name is J. Srinivas, an advocate with an M.Sc. LLM degree from Andhra Pradesh High Court. You can reach me at #9676299867.
Attribution: [link to the source](https://www.citehr.com/470977-trouble-legal-notice-criminal-law.html#ixzz2f7XqnQrq)
From India, Hyderabad
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Hi All,
Thank you so much for your replies. After reading all your posts, I have become aware now... I did many mistakes on my part, like just signed the bond, agreed to give ATM... many things. If I would have been aware of these facts at that time, this thing would not have happened with me. They even kept my last month salary with them. I wonder how our IT company law allows these types of companies to exist, don't they do any checks on them? Like, are they following all the laws and maybe interviewing employees... Is your company behaving rightly with you? (especially with girls) There should be some kind of check on a regular basis, and these types of companies should be closed.
The working environment there was like hell. You won't believe even the HR used to taunt and pass remarks on me, she with the MD used to talk shit.
Those were very low standard people and do not deserve to run a company.
I am just scared if I disclose such things, being a girl, my name will also come. This is the thing that has kept me silent the whole year and even now.
Thanks,
Aastha
From India, Ambala
Acknowledge(0)Amend(0)
Thank you so much for your replies. After reading all your posts, I have become aware now... I did many mistakes on my part, like just signed the bond, agreed to give ATM... many things. If I would have been aware of these facts at that time, this thing would not have happened with me. They even kept my last month salary with them. I wonder how our IT company law allows these types of companies to exist, don't they do any checks on them? Like, are they following all the laws and maybe interviewing employees... Is your company behaving rightly with you? (especially with girls) There should be some kind of check on a regular basis, and these types of companies should be closed.
The working environment there was like hell. You won't believe even the HR used to taunt and pass remarks on me, she with the MD used to talk shit.
Those were very low standard people and do not deserve to run a company.
I am just scared if I disclose such things, being a girl, my name will also come. This is the thing that has kept me silent the whole year and even now.
Thanks,
Aastha
From India, Ambala
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