Hi,
Iam Surendra, my wife\'s employer has taken original study certificates and taken a bond signed by me that if she leaves company before the said period we should pay some amount. she has left before the bond period and he is demanding more amount than he said and not returning certificates. what is the way forward and all these things are legal?
From Netherlands
Iam Surendra, my wife\'s employer has taken original study certificates and taken a bond signed by me that if she leaves company before the said period we should pay some amount. she has left before the bond period and he is demanding more amount than he said and not returning certificates. what is the way forward and all these things are legal?
From Netherlands
So far as the bond is concerned, the employee who executes such bond need to abide by it. Thus leaving the service before the expiry of the bind period constitutes breach of it which entitles the employer to enforce it in the court. Therefore try to amicably settle the matter throgh dialogue and discussion.
B.Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
53B.Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Hi,
Having a bond i a normal policy, however taking the original documents as surety is not a lawful means of taking security and hence you can challange it since your freedom to further education, application for new employment etc. is abridged , which are fundamental rights. Employer has no right to keep the original records. Employer can keep a post dated / or blank cheque as a surety. In your case the Employer is also asking for more money so if you have the original bond, please put your reply in writing and enclose the cheque for the original amount and send the same by Regd. Post AD to the Employer. After that, request in writing for the original documents again by regd. post and talk to the authorities to provide the same. You can approach Labour Commissioner if you do not get response.
From India, Mumbai
Having a bond i a normal policy, however taking the original documents as surety is not a lawful means of taking security and hence you can challange it since your freedom to further education, application for new employment etc. is abridged , which are fundamental rights. Employer has no right to keep the original records. Employer can keep a post dated / or blank cheque as a surety. In your case the Employer is also asking for more money so if you have the original bond, please put your reply in writing and enclose the cheque for the original amount and send the same by Regd. Post AD to the Employer. After that, request in writing for the original documents again by regd. post and talk to the authorities to provide the same. You can approach Labour Commissioner if you do not get response.
From India, Mumbai
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