I signed an employment agreement to serve the company for 3 years in July 2017. If not fulfilled, then I have to pay 2 lakhs. They didn't invest a single penny in my training, and I started working for them from the very first day. So, I resigned before the completion of 3 years due to poor work conditions and no opportunities for growth. My resignation was accepted, and I served a notice period of 90 days. I received my resignation acceptance letter after following up with them for 15 days after my last working day. Now, they have sent me a FFS and are asking me to pay the 2 lakhs bond amount, but there were only 3 months left until the completion of 3 years.
I have asked the senior HR to intervene in this matter and release my documents within 15 days; otherwise, I'll have to go to the labor court. However, there has been no reply from their end. Throughout my employment, they paid us significantly less salary compared to the industry standard. For the first 2 years, they didn't give me any appraisal, and the work pressure was immense despite the lack of quality work. My last working day was on 3rd April, and due to the lockdown, as the office was closed and everyone was allowed to work from home, I also didn't go to the office after 20th March. We received our March salary; now they are asking for the recovery of the salary that was paid during the lockdown.
Could someone please advise me on how to deal with this situation as I need all my documents that I have to submit to my current organization.
From India, Delhi
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I have asked the senior HR to intervene in this matter and release my documents within 15 days; otherwise, I'll have to go to the labor court. However, there has been no reply from their end. Throughout my employment, they paid us significantly less salary compared to the industry standard. For the first 2 years, they didn't give me any appraisal, and the work pressure was immense despite the lack of quality work. My last working day was on 3rd April, and due to the lockdown, as the office was closed and everyone was allowed to work from home, I also didn't go to the office after 20th March. We received our March salary; now they are asking for the recovery of the salary that was paid during the lockdown.
Could someone please advise me on how to deal with this situation as I need all my documents that I have to submit to my current organization.
From India, Delhi
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Such agreements, by their very nature, are invalid.
As you may know, training or special classes, etc., were conducted.
What is your position in the company?
You may need to consult a labor advocate who can help you draft a proper letter and approach the labor office if you are entitled to resolve your problem.
From India, Pune
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3251As you may know, training or special classes, etc., were conducted.
What is your position in the company?
You may need to consult a labor advocate who can help you draft a proper letter and approach the labor office if you are entitled to resolve your problem.
From India, Pune
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I was appointed as a software engineer, and no special training was conducted. Only 2-3 days of induction were provided. After that, I started working as I already possessed the necessary technology skills for which I was recruited. My project was in Java technology, for which I was hired after going through 4-5 rounds of interviews where more than 300 candidates appeared for the weekend drive.
From India, Delhi
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From India, Delhi
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And that agreement was on a non-judicial stamp paper. Does that stand in court of law?
From India, Delhi
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From India, Delhi
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Agreement being done on stamp paper is okay. But the contents should be in accordance with the law.
Bonded labor is abolished in India.
If they trained you and spent money on training for you, then it can be justified in keeping a time where they can recover the cost incurred in training by your output.
The agreement will not stand in a court of law.
From India, Pune
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Bonded labor is abolished in India.
If they trained you and spent money on training for you, then it can be justified in keeping a time where they can recover the cost incurred in training by your output.
The agreement will not stand in a court of law.
From India, Pune
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I have requested their Senior HR Managers also, but they are not responding. I need my documents within 15 days; if not, then I may lose my current job as well. If I go to the labor court, how long will it take to get my documents? Thanks for your valuable inputs, sir.
From India, Delhi
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From India, Delhi
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Labour court may not be the place to go as you ate not a worker. Concult a local lawyer and take action
From India, Pune
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From India, Pune
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But, I was an employee and my dues are not paid by them, and documents are not released by them, then I should go to the labor court, I think. I'll consult with a lawyer definitely. Thanks for your suggestions.
From India, Delhi
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From India, Delhi
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Dear friend,
After reading your successive posts, it appears that there are only two issues to be resolved in your case. One involves the issuance of formal relieving orders by your former employer following the acceptance of your resignation and completion of the notice period. This is essential to facilitate your employment elsewhere. The other issue pertains to preventing your former employer from recovering the bond amount from you. It seems that no salary was withheld as collateral for the release of the relieving letter.
Firstly, I do not believe that the Labor Court has the authority to grant you any relief in these matters, even if you were classified as a "workman" under the Industrial Disputes Act, 1947.
Secondly, you have not specified the exact documents you require from the employer. Are you seeking only the relieving letter and/or experience certificate, or do you also need your original academic credentials submitted at the time of appointment? The employer's refusal to provide these documents may be due to their insistence on your compliance with the employment bond, for which they may or may not initiate recovery proceedings in accordance with the law. Regarding the enforceability of the bond, I concur with Mr. Nathrao.
It is advisable to send a notice through a lawyer refuting the employer's claim to the bond amount. According to Order No. 16 of the Model Standing Orders outlined in the Industrial Employment (Standing Orders) Central Rules, 1946, every employer is obligated to issue a Service Certificate upon termination of service.
From India, Salem
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After reading your successive posts, it appears that there are only two issues to be resolved in your case. One involves the issuance of formal relieving orders by your former employer following the acceptance of your resignation and completion of the notice period. This is essential to facilitate your employment elsewhere. The other issue pertains to preventing your former employer from recovering the bond amount from you. It seems that no salary was withheld as collateral for the release of the relieving letter.
Firstly, I do not believe that the Labor Court has the authority to grant you any relief in these matters, even if you were classified as a "workman" under the Industrial Disputes Act, 1947.
Secondly, you have not specified the exact documents you require from the employer. Are you seeking only the relieving letter and/or experience certificate, or do you also need your original academic credentials submitted at the time of appointment? The employer's refusal to provide these documents may be due to their insistence on your compliance with the employment bond, for which they may or may not initiate recovery proceedings in accordance with the law. Regarding the enforceability of the bond, I concur with Mr. Nathrao.
It is advisable to send a notice through a lawyer refuting the employer's claim to the bond amount. According to Order No. 16 of the Model Standing Orders outlined in the Industrial Employment (Standing Orders) Central Rules, 1946, every employer is obligated to issue a Service Certificate upon termination of service.
From India, Salem
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Sir, I require my experience certificate from the employer. However, they are asking for 11 days (21 Mar - 31 Mar) salary back, which they paid me with the salary of March. Although my last working day was 3rd April, I didn't go to the office after 20 Mar 2020 due to Covid-19 after taking approval from HR. I was not terminated by them but resigned voluntarily.
From India, Delhi
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From India, Delhi
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