Go Back   Team-BHP > Around the Corner > Shifting gears


Reply
 
Thread Tools Search this Thread
Old 12th September 2006, 16:46   #1
Senior - BHPian
 
kutlee's Avatar
 
Join Date: Jul 2005
Location: Hyderabad
Posts: 1,127
Thanked: 193 Times
Default The Company Bonds & Employee Agreement Discussion

Hi all,
I am having issues with bonded labour with a firm in India.
The story goes like this...
I joined a firm with 3 years bond for 2 laks (company was doing well and offer looked good). but after year, due to sep11, went down, no one was laid off, but there wasn't any hike in salary, perks were cut etc. But when things were getting well, hikes were meager(they might have got the taste of paying low). so they have moved away from their initial promise, which showed hikes after each half year. So i asked them to releave of the bond and i have another excellent offer and i want to go. They didn't and i left with a letter saying i am leaving. This happened after 1.5 years.
Now they have sent Decree to collect money. the amount is 2.85 laks.
They have sent court notices etc. And i used some high profile political contacts, and the CEO told there won't be any further proceedings from their side and we were left in peace. Now all of a sudden there is a court decree and demand of paying money.
Meanwhile some of my friends(lawer) told me that they infact have to prove 2 laks worth of damage etc for them to win the case. also there is some supreme court ruling which says bonded labour is invalid etc etc..
can anyone shed light on this?
I can accept that there has been few mistakes on my part.
Do i still stand a chance?
Whats the way to go?
If anyone needs more details to help me, i can PM them.
Many thanks,
Mahesh.
kutlee is offline   Reply With Quote
Old 12th September 2006, 16:53   #2
Team-BHP Support
 
Join Date: Feb 2004
Location: Bangalore
Posts: 11,725
Thanked: 9,036 Times
Default

I know very little on this but can you prove

1: Your performance was above par and that the hikes did not reflect your skills
2: Were the promises of hikes documentd ?
3: Can they prove 2 lakhs worth of training
4: Can you prove that you have added revenue of Rs 5 lakhs or more

Who issued the decree - can you check back with courts to ascetain that the document actually came from the court
ajmat is offline   Reply With Quote
Old 12th September 2006, 17:39   #3
Senior - BHPian
 
kutlee's Avatar
 
Join Date: Jul 2005
Location: Hyderabad
Posts: 1,127
Thanked: 193 Times
Default

Quote:
Originally Posted by ajmat
I know very little on this but can you prove

1: Your performance was above par and that the hikes did not reflect your skills
2: Were the promises of hikes documentd ?
3: Can they prove 2 lakhs worth of training
4: Can you prove that you have added revenue of Rs 5 lakhs or more

Who issued the decree - can you check back with courts to ascetain that the document actually came from the court
Thanks Ajmat,
1. My offer from another company was atleast three times the salary i was getting there. The second company is not obviously mad if am not worth it.
2. The hikes for each 6 months is there in the offer letter.
3. They had sent for training outside. I was in a batch of 10 people and duration of 20 days. Full flegded training for the same program for a full course of 3 months now costs below 50k.
4. This i can't. Because revenue part is with them. Also if they can't make use of me to take atleast 50% of what they spent on me in 1.5 years its their mistake i think.
kutlee is offline   Reply With Quote
Old 12th September 2006, 18:01   #4
BHPian
 
Harrie's Avatar
 
Join Date: Feb 2005
Location: KA 03, KL 12, TN 38
Posts: 699
Thanked: 20 Times
Default

A similar thing happened to one of my friends. But he was with a big manufacturing company. He was served a court notice. They claim 2L for training imparted and facilities usage. He is contesting claiming he was made to work under un healthy dangerous situations and that the management didnt heed to his complaints.

kutlee,

I guess you can contest on basis of what Ajmat has said. In most cases the companies will not press for a refund because of the bad publicity it would bring if the news leaks out to the press. Try your luck, contest the case. As in many other cases they'll probably not take it up if they find you putting your foot down.
Harrie is offline   Reply With Quote
Old 12th September 2006, 18:05   #5
BHPian
 
DueLLeR's Avatar
 
Join Date: May 2005
Location: Vashi / Navi Mumbai
Posts: 190
Thanked: 61 Times
Default Bonded Labour

Hi Kutlee,

I had a similar experience with a BPO. I quit the company after 2 months of training. They were after me to pay them the training charges, but I hadn't signed any bond. Of course, I didn't pay them anything. They kept calling and I kept ignoring. Now the issue is put to rest.

As far as I know, no Indian company can engage an employee under anything remotely connected to bonded labour. Meaning, you can quit when you wish. But companies often twist the meaning using complicated, legal words. So the 2 odd lakhs that they want from you might actually be something like a 'quit without notice' charge. In my opinion, you should show the document that you signed (the 2 lakh bond document) to a lawyer and find out the exact implications.

Also, it is highly unlikely that a company will file a case against an employee for such a huge amount unless there is a serious issue or personal grudge.

Hope this helps.

Cheers!
DueLLeR is offline   Reply With Quote
Old 12th September 2006, 18:44   #6
Distinguished - BHPian
 
condor's Avatar
 
Join Date: Jun 2006
Location: Speed-brkr City
Posts: 10,318
Thanked: 3,658 Times
Default

kutlee, while this is not 'bonded labor', one can see the problems you are facing.

Do you have a copy of the terms & conditions of employment that you had signed when you joined the company? Either way, approach a lawyer so you will know exactly where you stand.

All the best.
condor is offline   Reply With Quote
Old 12th September 2006, 19:20   #7
BHPian
 
sbasak's Avatar
 
Join Date: Nov 2005
Location: CCU-LTN
Posts: 607
Thanked: 7 Times
Default

What's the name of the company?
sbasak is offline   Reply With Quote
Old 12th September 2006, 20:11   #8
BHPian
 
jango's Avatar
 
Join Date: Mar 2006
Location: New York & kotayam
Posts: 798
Thanked: 19 Times
Default

Is there any website which talks abt bonded labor in INDIA !!
jango is offline   Reply With Quote
Old 12th September 2006, 20:38   #9
elf
BANNED
 
elf's Avatar
 
Join Date: Jan 2005
Location: Bombay
Posts: 1,034
Thanked: 9 Times
Default

You may be OK if the bond is tied to your employment contract, as there may be a breach of contract. If not, you're screwed.

If they already have a Court Decree, it's gotten quite serious, & you haven't attended court yet or haven't posted full details of your case.

You now need to go to court yourself & have the Decree stayed or vacated. Get yourself a good lawyer, or if you're really stuck, PM me or call me (+91 98210 62904) & let me see what I can do.

All the best.
elf is offline   Reply With Quote
Old 12th September 2006, 20:56   #10
Senior - BHPian
 
sammyboy's Avatar
 
Join Date: Jul 2006
Location: Gurgaon/Doon
Posts: 1,711
Thanked: 290 Times
Default

Kutlee ,I can understand what you must be gong through .Bonds are something which a lot of companies started because of the high attrition rates and loss of valuable manpower .The issue that you are facing is something a lot of us face could be by not reading the fine print on the contracts or some unfortunate reasons like the 9/11 in your case.Its highly imperative that before signing any contract you consult a good lawyer and discuss the pros and cons of getting bound by the legal thread.
But whats done is done ... As a lot of our fellow members have suggested , get in touch with a good lawyer who can fight the case on the basis of the company not having fulfilled its obligations to you by giving you what was promised (i assume it is in black and white).

All the best bro ,hope things work out for you.
sammyboy is online now   Reply With Quote
Old 12th September 2006, 21:08   #11
Distinguished - BHPian
 
condor's Avatar
 
Join Date: Jun 2006
Location: Speed-brkr City
Posts: 10,318
Thanked: 3,658 Times
Default

Quote:
Originally Posted by kutlee
I can accept that there has been few mistakes on my part.
Do not accept anything - esp mistakes.

Is it a decree or a lawyer's notice? A notice is what they would send through their lawyers. A decree is what the court gives after hearings. So - first thing - do not panic. Since you have got the notice, it is very important that you send a reply through a lawyer.

* Will you be able to prove that there was in-sufficient work in the company?
* Will they be able to prove that your performance was not satisfactory?
* Did you serve the notice period?
* Do you have a relieving letter from the company? What does it say?
Quote:
Originally Posted by ajmat
4: Can you prove that you have added revenue of Rs 5 lakhs or more
Ajmat, would you be referring to any project that he has been part of, in an active/non-minor role?
condor is offline   Reply With Quote
Old 13th September 2006, 10:31   #12
Senior - BHPian
 
kutlee's Avatar
 
Join Date: Jul 2005
Location: Hyderabad
Posts: 1,127
Thanked: 193 Times
Default

Thanks to all you guys.
As far as the bond thing goes, The bond is completely unilateral. But i would not sign a bond unless the offer seems good to me (eventhough there is nothing mentioned in the bond). I have a court decree which was dated Nov 2005 and it reached my home only yesterday. Already arranged my parents to pick up good lawer and do whatever needed.
There is another twist in the story. The company has reduced the bond from 3 years to two years in a few months after i left the firm. I have proof. Because my wifey joined in one month before and left with pukka releiving after two years. She too had signed bond for three years while joining. For me there is no releiving letter from the company. I left, informed my manger etc, and send letter once i left.
As i read some replies i think i am pretty screwed up. Let me see what the lawer says. There are couple of friends(around 4) of mine whom have left in the same fashion and some having court hearings etc. In my case i thought it would be forgotten after some pressure on the CEO. There is no governing board or anything like that for the company. Its properiotory.
Thanks to all again!
kutlee is offline   Reply With Quote
Old 13th September 2006, 10:37   #13
Team-BHP Support
 
Join Date: Feb 2004
Location: Bangalore
Posts: 11,725
Thanked: 9,036 Times
Default

Few Points
Were you ever summoned for a hearing on this ?
Unilateral bond means that you have a case
Does the company have the time to fight this case ? Will they spend + lakhs to recover 2 lakhs. In the time takenin court, they could earn a crore in revenue
ajmat is offline   Reply With Quote
Old 13th September 2006, 10:47   #14
Senior - BHPian
 
kutlee's Avatar
 
Join Date: Jul 2005
Location: Hyderabad
Posts: 1,127
Thanked: 193 Times
Default

Ajmat,
I was never summoned. Initally there was a lawer for me and i think he has put some counter on this case after which i took shortcut(political contacts route) and didn't follow it up. This is the only communcation after the initial letter from the lawer stating this court case. the firm has a dedicated lawer and this is his job. i think company never bothers since its outsourced and there are many people who left like this..
What i am looking for now i is there any case in any Iindian court which i can refer and say unilateral bond is invalid.
kutlee is offline   Reply With Quote
Old 13th September 2006, 12:18   #15
Distinguished - BHPian
 
condor's Avatar
 
Join Date: Jun 2006
Location: Speed-brkr City
Posts: 10,318
Thanked: 3,658 Times
Default

kutlee, can you pls explain the 'unilateral bond' you mentioned? I am trying to understand what is unilateral about it.

The bond you mentioned was there when you joined, and you knew about it. Verbally stating of conditions is one thing. Is there any document you have signed, that states this bond?

Regarding the reduction of tenure - it will not apply to you since you had already left by then.

Curious, but how did your present company accept you without a relieving letter?

Ajmat's point about the cost of recovery to the company makes sense. Dont lose heart.
condor is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
NH-17 Company Owned Company Operated Petrol Pumps (COCO PPs) Venkat Street Experiences 15 20th March 2016 21:33
Drive directly soon! India, Bangladesh, Bhutan & Nepal to sign Motor Vehicle Agreement NPV Street Experiences 13 17th June 2015 10:58
Hyundai to exit its 'Company Owned & Company Operated' Showroom in New Delhi mints21 Indian Car Dealerships 5 19th May 2015 19:22
India Japan sign free trade agreement, cars bikes from Japan to be cheaper? Torquedo The Indian Car Scene 23 24th February 2011 17:22


All times are GMT +5.5. The time now is 16:56.

Copyright 2000 - 2017, Team-BHP.com
Proudly powered by E2E Networks