Legal Question in Employment Law in India

I am working in a company that has made me sign a bond for two and a half years . The company makes me work on saturdays and sundays sometimes . I am very unhappy in that place . I have started studying for government job and might be able to clear it . If i do clear it and the govt institution asks for a No Objection Certificate from my previous firm and if that company doesn't give me the certificate then what can i do ?

When i was joining the firm i was told that saturdays would be off .


Asked on 5/27/12, 12:55 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case you are able to procure a government job, you may not be asked to procure an NOC from the private company.

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Answered on 5/27/12, 1:23 am
Fca Prashant Chavan Expert Edge LLP

29.05.2012

Dear Sir / Madam,

I have time and again mentioned that the draconian Performance Bond is nothing but bonded labour tantamounting to slavery, and needs to be immediately declared illegal in India. Employers and HR Heads who resort to this prevalent malpractice should be made liable to undergo 10 years rigorous imprisonment.

You will need to appraise and inform your present situation to the government Personnel & Administration Department and try to persuade them to provide you with Employment without insisting on the No Objection Certificate from your present employers, which will never ever be granted to you, come what may.

You should highlight and object to the malpractices of working on Saturdays and Sundays in writing to your Department Head copied to HR clearly stating therein that this is a violation of the terms and conditions of your Performance Bond, and if the same persists, you will be constrained to break the Performance Bond without recourse to you and for which the Company will be solely responsible.

You can also mail me for any further on-line advice at [email protected]

Regards,

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Answered on 5/28/12, 10:17 am


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