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Dear Sir,

I am Mahesh, a Senior System Engineer in a firm. The company hired me stating that a bond is compulsory in the firm. However, after some time, I discovered that the company had deceived me. I have now resigned from my position due to inadequate economic and technical growth. The company is now asking me to pay 1 lakh rupees as a service bond. As a senior engineer, the company never provided me with any training, and they are refusing to give me my salary, experience letter, and other wages. Please advise on what steps I should take.

Thanks & Regards,
Mahesh Babariya

From India, Surat
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Hello Mahesh Babariya,

This topic was discussed quite a few times earlier in this Forum. Please use the 'research' option/facility at the top of this page to access the suggestions that most suitably apply to YOUR situation.

You haven't mentioned how long you worked here. Also, what's your experience level - how many years?

And you haven't given any specific reason(s) for the Subject of the Posting/Thread ["Sign Up Service Bond By Lying"]? What makes you think they lied? Please provide details of your statement/version: "improper economic and technical growth". Maybe the Company would have a different viewpoint here?

Regards,
TS

From India, Hyderabad
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The employees in your trade suffer because they are not united, do not form unions, and affiliate with trade unions. Although trade unions are willing to embrace the employees.

Are you aware that:
- Employees can form 'Works Committee,' and it is an authority as per the ID Act, and the President is from the employees' side? Service conditions can be negotiated by employees with the employer.
- States like Karnataka have made it mandatory to form GRC: Grievance Redressal Committee that will have an equal number of employees in it?

You may show the job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, HR Policy/Service Rules and Regulations mentioned in the appointment letter, Bond, resignation tendered by you, salary slips/details of credit of salary, etc., to an able labor Law Consultant/Service matters lawyer in person and give inputs. Your lawyer can help you understand the breaches caused by the employer that would render it unworthy of being employed with.

The Bond was drafted in lieu of What: Training/Extraordinary Favor? You have posted no such favor was granted to you. Your lawyer may opine that in such a case, the Bond is unconscionable, unenforceable, void.

Salary Slips: Have to be supplied at least a day before the disbursement of wages on a fixed/usual payday duly signed by the employer. Refer to Payment of Wages Act: 13A, Min Wages Central Rules 26(3,4).

Salary: The employee can lodge a complaint the moment earned wages are delayed even if by a day, and the employer can be penalized, say Rs. 7500 per instance.

The moment an employee has resigned, he/she has ended the employer-employee relationship.

Such companies are covered by (Name of the state) Shops and Commercial Establishments Act, standing orders (certified/model).

You may refer to:
(Name of the state) Shops and Commercial Establishments Act,
(Name of the state) Shops and Commercial Establishments Rules, and demand a certified copy of the form/format that pertains to 'Service Book,' e.g., Form: N in Tamil Nadu Shops and Commercial Establishments Rules 1948.

Standing orders (certified/model); and demand a Service Certificate.

Correct FnF statement in the original, for verification and acceptance by you. These have to be supplied to all employees. If the company has a legitimate complaint, it can go to court for recovery.

From India, Chandigarh
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