I joined a company in 2014, at the time of joining i was asked to sign a 2 year service commitment bond. I was also asked to submit a cheque of Rs. 100000/- as a security deposit against my service commitment bond. Condition being that if I leave the company within two years then the company will deposit the cheque and if I complete then they will return the cheque. The HR asked me to fill up the entire cheque except for the date. However even after requesting the hr to acknowledge the same in mail, the hr did not do so. Now I'be completed just over 1yr and 8 months with the company. Suddenly the management has started misbehaving with me and are asking me to work on tasks which are not included in my profile. Please advise how can i get out of this situation and the bond.
Asked in Labour from Mumbai, Maharashtra
1) you should wait till expiry of period of 2 years
2) in the event you leave the organisation before expiry of 2 years management will en cash your cheque
3) since company has spent money on your training commitment bond is taken from employees
4) dont refuse to do additional work . on expiry of period of 2 years leave the organisation if you get a better offer
You can refuse to perform tasks which are not a part of your work profile. Escalate your grievance to your superiors in writing so that you have documentary evidence to prove that you did not violate the employment contract. If the problem persists then a suit for injunction can be filed against the company to restrain it from making you work on tasks which are not within the realm of your job profile. Alternatively, you may resign and issue stop payment instructions to the banker for the cheque given as security.
First of all there is no such rule that a company will collect a duly signed blank cheque from its employee for any reason. It is illegal. The employee is not a borrower. He has not taken any advance from the company that he is bound to deposit a blank cheque with it.
The company's employment offer letter is to be seen to verify if the cheque or the said amount has been mentioned in it as an additional condition for the employment.
Generally it should be three months notice vis a vis by both the sides either for resignation or termination.
If you desire to resign the job for the cited reasons, you may tender your resignation by registered post with AD card to the Top management directly and not to the HR. HR is not the authority to approve and relieve you from the employment.
In the resignation letter itself you can very well mention about this blank cheque and demand to return the said cheque along with your relieving letter.
This evidence will help you to pursue the court case in this regard, if need be.