They will not pay heed to your request and transfer you as per their policy.
What you can do is go personally to the head quarters and give an application. Otherwise take leave without pay ie sabbatical.
I joined a south based PSU bank IOB last year and completed exactly 1 year here. In the past 1 year there they transferred me around 4 to 5 places for posting and training. They expect me to reach from south to north 3000kms in 1 day and also join the bank on the next working day. The Bank has a very toxic environment and unnecessary disciplinary rules like you can't talk on the phone at lunch time, you can use your phone, you can't leave the bank before 8.30 or 9pm even if you have finished all your work. The next posting they gave me was also in the South and I don't want to live in the South. Note- They don't ask your preference for posting. I had gone to the central office to request them to give me another posting in North. But they didn't even listen. For girls, posting in remote south areas is not good bcz they won't speak our official language and treat us with racism in some areas. My parents health is not good so I returned to my home and sent them an application on email about providing me posting in my home state so I can manage things at home and also with my job. Please Provide me details of what they can do. The bond is of 3 yrs and 1 lakh with 3 months notice period. Which I don't wanna serve. Should I chill down or worry?
They will not pay heed to your request and transfer you as per their policy.
What you can do is go personally to the head quarters and give an application. Otherwise take leave without pay ie sabbatical.
Your experience in South is not strange. Since there is clause and bond, hence, uou are bound to abide by bond and slso clause. In case of breach you shall be liable to pay bond amount and also salary for three months unserved notice period if clause permit compensation payable by notice to bank if notice remain unserved by the employee. You are required to be worried. However, on examination of details other remedies could be suggested.
What about my rights about labour laws? I don't like the work place or toxic environment? Why would I will be liable to all the things?
In the given circumstances as duch there is nothing unusual or illegal. Transfer is part of job. So far your so-called right is concern the same does not dilute and wash away bond and clause of three months notice. Secondly as Perla person should have clean hand when he approaches the court. You are liable by bond snd clause because you had signed bond and also service rules, hence, same are legally binding upon you.
Bonds are not legal in India? What about those things? Keeping me after working hours daily aren't those falls under labour law violation? And during the joining formalities if we don't sign those documents, they won't give us the job. They prepare documents which can't be understood by any normal person and get signed those without giving time to read or atleast get it checked with his lawyer And why would someone approaches the court if he already paid the bond amount and buyed out notice period? I guess you ain't using common sense! And bonds are illegal in India, It is for your information that many courts have held that bond clauses are illegal in an employment contract. And also a clause in a contract which restricts a person's trade or profession is a void clause as Section 27 of the Indian Contracts Act. Also, bonded labor is kind of a Human Rights Violation.
Your grievances for service are not enough and these are not violative nor against labour law. 27 contract Act does not apply in given circumstances. 27 as stated by you is misconstrued and wrongly relied. There are other grounds. Bonds and clause are legal. Rest you will have opportunity to put your case.
You can make representation about posting but you just cannot leave job and stay at home
2) in the event you have been provided training Bank can recover expenses incurred for your training in case you resign .further you have to serve 3 months notice period
If you have joined the bank you have to work at your place of posting
you have to work long hours even if you don’t like work place
For valid bond
2)The Supreme Court in Niranjan Shankar Golikari v The Century Spinning And Mfg Co.held “An agreement to serve a person exclusively for a definite term is a lawful agreement, and it is difficult to see how that can be unlawful which is essential to its fulfilment, and to the due protection of the interests of the employer, while the agreement is in force.”
If you do not want to continue with your employment then you should have tendered resignation instead of abstaining from work without any valid reason.
If the management is not considering your request to post you in a place near your home town, you can always send yor resignation letter even by post.
You have signed the employment bond, employment offer letter accepting the terms and conditions of employment including three months notice period to resign, if you do not comply with the conditions, then it can be termed as breach of conditions of employment.
The employment bonds are agreements between employee and employer where it contains the terms and conditions of employment. The employment bond contains a clause which requires the employee to serve the employer compulsorily for a specific period of time or else refund the amount specified as bond value.
n India, employment bonds are considered 'legal' when a reasonable penalty is enforced in case of violation. Since 'reasonable penalty' is subject to interpretation, the Indian Judiciary preserves the employee's interest over that of the employer.
Should the Employee fail to pay the amount a suit may be filed in the Court of appropriate jurisdiction to recover the amount due
An employment contract holds admissibility in a court of law as evidence in a trial. This implies that for an employment contract to be legally valid, it must be legitimately drafted. Any agreements that are illegal or against the law are considered null and void.
Since the accepted the employment based on the terms and conditions as mentioned in your employment offer letter, you cannot make a complaint in this regard at this stage.
The transfer of an employee is not unusual or illegal, it is part of the employment conditions.
If you are an officer in the bank, the labor law will not be applicable to yor situation.
employment bonds are prima facie enforceable under law, provided the other prerequisites of a valid contract such as free consent, competent parties, lawful object, lawful consideration and not being expressly declared void[.
Employment bonds are employment agreements, which comprise of a negative covenant. In Indian Law, the employment agreements with negative covenants are considered to be valid and legally enforceable if the parties agree to have free consent, i.e. without fraud, coercion, undue influence, mistake and misrepresentation.
Dear client,
In general, labor laws in India are designed to protect the rights of employees. Employers are required to provide a safe and non-discriminatory work environment, adhere to reasonable working hours, and follow relevant labor regulations.
Regarding your concerns:
Transfer and Posting: Employers generally have the right to transfer employees to different locations as per the terms and conditions of employment. However, the frequency and distance of transfers may need to be reasonable and in line with the employment contract and local labor laws. It's advisable to review your employment contract and consult with an employment lawyer to understand the specific provisions related to transfers.
Work Environment: Employers are expected to provide a safe and healthy work environment for their employees. If you believe that the workplace is toxic or if there are disciplinary rules that are unreasonable or violate labor laws, you may have grounds for complaint. It's recommended to document any incidents or issues and consult with an employment lawyer to discuss potential actions.
Bond and Notice Period: The enforceability of bonds and notice periods can vary based on the specific terms and conditions of the agreement, as well as local labor laws. Some courts in India have held that bond clauses are illegal, while others have upheld their validity in certain circumstances. It's important to review the terms of the bond and notice period, consult with an employment lawyer, and understand the legal implications before making any decisions.
Please note that this information is general in nature and may not apply specifically to your situation. It's crucial to seek personalized legal advice to understand your rights, obligations, and options under the law. An employment lawyer will be able to provide you with guidance based on the specific details of your case.
- As per Supreme Court , A woman has right to reside in houses of mother , hence they cannot transfer you at far distance from your home.
- You can lodge your compliant before the higher official in head office of the said bank , and if refuse then file a petition before the court.
- Further, as per the circular of Department of Financial Services, all the public sector banks have been advised to frame a women-specific transfer policy.
- Further, the new transfer policies aim at facilitating speedy transfers for female employees and enable them to stay with their families.
- Further, it is also directs that the PSU Banks should make necessary provisions as far as possible, to place/transfer married female employees at the same place or the place nearest to where her husband is stationed.
- Further, the PSU Banks should make necessary provisions as far as possible, to place/transfer single female/unmarried female employees at the same place or the place nearest to where her parents are stationed..