Legal Question in Employment Law in India
Dear Sir ,
I am a B.Tech graduate serving as a employee in XYZ company . I have signed a 5-years bond & submitted my original educational certificates to M/s XYZ. The company is running in loss . Since I joined , I have never received my salary on time . It started with a delay of 10-12 days to 03 months at present condition. I requested my HR Dept. to kindly return my certificates but they are reluctant to do so. Also , I have not received any kind of pre-planned training programme which they told us to give. According to them , I have to pay the bond breakage amount if I discontinue my services to the company.
I request to you to kindly enlighten me in this regard. Consider the matter as most urgent.
Vergil (Anonymous)
1 Answer from Attorneys
31.08.2013
Dear Vergil,
A service bond of any form or nature insisted on by a Company is illegal and a criminal offence liable to three years rigorous imprisonment of the concerned MD / HR-Head / HR-Consultant responsible for framing the HR policy of the Company, and imposition of a fine equivalent to thrice the compensation amount payable to the employee.
Without wasting anytime, you should simply lodge an FIR in the local Police Station where the Company is located, against the Company HR citing all the reasons for the Company faltering, and requesting the local Police Sub-Inspector on duty to immediately intervene and resolve the issue. Please re-post query if there in no Police action forthcoming within three days of your lodging the FIR.
Regards,
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