Dear Priyanaka,
Greetings!!!!!!
Bond has no legal sanctity , until and unless the company has incurred some expenditure on your training. Even if you have been given the training, the penalty can not be greater than the actual expenditure. The amount which is mentioned in bonds is nothing more than a piece of paper.
Secondly, hardly any company will ask you for appointment letter. It is the relieving letter that matters.To get that, you should put proper resignation and serve the notice period. Even after that if company doesn't give you relieving letter and ask you to submit bond amount, you can approach labor court for relief.
Regards
Team GroupHR
Dear all,
HELP ME TOO Plsss..
I need your suggestion regarding the difficulty iam facing at my current organisation . I have been given an appointment letter at the time of joining wherein it was mentioned that i am appointed as an trainee-Asst.MANAGER & my probation would be for 6 months. but i have completed here 9 months as on today, i have not been given any confirmation letter neither yet taken on rolls of the company ! Also , i have signed a bond of 18 months here..but i want to quit from here due to less learnings/exposure/opportunity. Kindly guide me what might happen if i break the bond.
Thats the reason iam looking for a change now but in other good companies i cant show that appointment letter designated as 'trainee'. Here in the company ther's no HR. iam the only one handling the whole department. Kindly provide with valuable suggestion so that i can get rid of this situation.
Regards,
Priyanka Sharma[/QUOTE]
From India, Delhi
107Greetings!!!!!!
Bond has no legal sanctity , until and unless the company has incurred some expenditure on your training. Even if you have been given the training, the penalty can not be greater than the actual expenditure. The amount which is mentioned in bonds is nothing more than a piece of paper.
Secondly, hardly any company will ask you for appointment letter. It is the relieving letter that matters.To get that, you should put proper resignation and serve the notice period. Even after that if company doesn't give you relieving letter and ask you to submit bond amount, you can approach labor court for relief.
Regards
Team GroupHR
Dear all,
HELP ME TOO Plsss..
I need your suggestion regarding the difficulty iam facing at my current organisation . I have been given an appointment letter at the time of joining wherein it was mentioned that i am appointed as an trainee-Asst.MANAGER & my probation would be for 6 months. but i have completed here 9 months as on today, i have not been given any confirmation letter neither yet taken on rolls of the company ! Also , i have signed a bond of 18 months here..but i want to quit from here due to less learnings/exposure/opportunity. Kindly guide me what might happen if i break the bond.
Thats the reason iam looking for a change now but in other good companies i cant show that appointment letter designated as 'trainee'. Here in the company ther's no HR. iam the only one handling the whole department. Kindly provide with valuable suggestion so that i can get rid of this situation.
Regards,
Priyanka Sharma[/QUOTE]
From India, Delhi
Dear,
The problem persists even if you complete the notice period. Because most of the companies, do not comply to the rules that notice period completion is enough. The payment of bond amount is must unless then the ceritificates will not be returned.
Approaching court should be the last option. Is there a governing law for this specific employment practice?
From India, Mumbai
The problem persists even if you complete the notice period. Because most of the companies, do not comply to the rules that notice period completion is enough. The payment of bond amount is must unless then the ceritificates will not be returned.
Approaching court should be the last option. Is there a governing law for this specific employment practice?
From India, Mumbai
Hi,
Same is my case...please somebody help...
I recently joined a small upcoming IT company. I was told they have workforce of 40 menbers and are planning to expand to 80 so recruiting new manpower. I have 2n half yrs experience in HR (recruitment). This being a generalist post I was very keen to join. They have 1 yr bond wherein I have to submit my original certificates as I am having a outstaion(gujarat) work experience. I agreed and joined.
Within 2 days I got the actual picture about the company and now I feel cheated. They have hardly 18 people working here. As said no training is provided..forget training I didnt get proper induction. Acc to the offer letter the salary is paid on 8th of every month. But today being 10th still they are not even bothered to calculate the salary. All the employees are frustrated to the core and are simply coming..sitting..and going because everybody have submitted their certificates.
Is there any way we can get out of here..forget about them..now they dont care as they are used to this..but I being just 15 days old can anything be done??I dont want to work here...
Can anybody please provide some useful information???
From India, Bangalore
Same is my case...please somebody help...
I recently joined a small upcoming IT company. I was told they have workforce of 40 menbers and are planning to expand to 80 so recruiting new manpower. I have 2n half yrs experience in HR (recruitment). This being a generalist post I was very keen to join. They have 1 yr bond wherein I have to submit my original certificates as I am having a outstaion(gujarat) work experience. I agreed and joined.
Within 2 days I got the actual picture about the company and now I feel cheated. They have hardly 18 people working here. As said no training is provided..forget training I didnt get proper induction. Acc to the offer letter the salary is paid on 8th of every month. But today being 10th still they are not even bothered to calculate the salary. All the employees are frustrated to the core and are simply coming..sitting..and going because everybody have submitted their certificates.
Is there any way we can get out of here..forget about them..now they dont care as they are used to this..but I being just 15 days old can anything be done??I dont want to work here...
Can anybody please provide some useful information???
From India, Bangalore
Please note that no Company can confiscate your original documents since it amounts to criminal offense. Please do not submit your original documents with any company; in this case you can speak with the HR and inform that they need to return your documents or else you will be forced to take legal action. Since the HR would be knowing that they are in fact doing an illegal act they would definitely comply.
Bonded labor has long been abolished and hence a service bond is not legal in India. No Company can hold you to a service bond even if it is on a stamp paper. However a training bond is enforceable, in case the Company has spent considerable amounts in training you. Even in that case the Company has to prove that they have spent money in your training and you can resign after paying back the same.
In both cases follow proper procedure and send resignation to the Company through email, which can be a proof later that you resigned on a certain date. Also serve proper notice and then demand your documents back..
From India, Mumbai
Bonded labor has long been abolished and hence a service bond is not legal in India. No Company can hold you to a service bond even if it is on a stamp paper. However a training bond is enforceable, in case the Company has spent considerable amounts in training you. Even in that case the Company has to prove that they have spent money in your training and you can resign after paying back the same.
In both cases follow proper procedure and send resignation to the Company through email, which can be a proof later that you resigned on a certain date. Also serve proper notice and then demand your documents back..
From India, Mumbai
Hi Sandhya,
In your case the notice period would be defined by your employment agreement/Company policy.
You must have got an appointment letter. Please check the notice period requirement written there and follow the same or you can negotiate the same with the HR; this is only if you want relieving letter from the Company; in case you do not require a relieving letter/ final settlement of salary you can just resign by giving a week's notice(commonly followed for employees under probation) and leave the Company. Thus you can prove that you have served notice and then ask for your documents back.
Regards,
From India, Mumbai
In your case the notice period would be defined by your employment agreement/Company policy.
You must have got an appointment letter. Please check the notice period requirement written there and follow the same or you can negotiate the same with the HR; this is only if you want relieving letter from the Company; in case you do not require a relieving letter/ final settlement of salary you can just resign by giving a week's notice(commonly followed for employees under probation) and leave the Company. Thus you can prove that you have served notice and then ask for your documents back.
Regards,
From India, Mumbai
Hello everyone... I'm in big trouble. please do help me. I recently joined KGiSL. They gave me night shifts and as I m alone I could not take proper care of myself and got really sick. was admitted in the hospital and then rejoint after 2 days. Then I got Acute Gasteitics now and I think I don't wish to continue my job. But I have signed a bond for 1 year. I have submitted my originals. And I need them back. What do I do?
From India, Kolkata
From India, Kolkata
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Employer suit for breaking service bond within 3 yrs - Delhi HC 5.9.2014.pdf
Annual Return form 21 under F. act.doc