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Need some legal advice - Employement Matter

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Deal Subedar
cocay

Story in Brief:
Signed 2 year contract for employment. Went to office for one day and didn’t go thereafter because company asked for aadhaar and offered no public/national holidays. I didn’t want to give aadhaar and didn’t like their leave policy. HR asked me not to come to office until final confirmation from their end. Does my/companies’ case have any merits to go to court?

In Detail:
I applied to an organization last friday and they handed me offer letter same day with a bond of 2 years or give 3 months salary. The offer letter had standard terms about not disclosing any company policies and all that. It didn’t have any info on company policies regarding late reporting, leave policy etc. I was to join from monday evening. The hr had asked me to bring a copy of Aadhaar and that other policies would be explained by another hr later. They were in a hurry to sign me the contract because the directors had to leave for europe on coming sunday.

I called monday before going to office and said I didn’t want to give aadhaar. The hr gave me all lame excuses about it being govt. rule, mandatory, required for bank account and all shit. I am aware that supreme court had ruled that no private companies can ask aadhaar last sep/oct unless it’s mutual or vuluntary. But this HR insisted it’s mandatory. After speaking to him, I realized this guy was acting arrogant and egostic and how things would be if I faced more issues in future at office. So, I actually lost interest in joining after speaking to this dumb hr. But he said I was making silly excuses because I didn’t want to join. I didn’t want to give that impression so I said I’ll join but I won’t give aadhaar until after a discussion with directors.

So, I went to office on monday and there I was told about the leave policy. This policy had mentioned there are no leaves on Holi, Diwali, 26th Jan, 15 Aug, 2nd Oct. From what I know we have a National And Festival Holidays Act which mandates leaves on 15 aug, 26 jan and 2nd oct. If any company works on these days, they have to either pay double salary or single salary + compensatory off. This company is not doing either. Instead they have marked 4 holidays according to US Market (our clients are US based) as public holidays. For instance 4th July is a public holiday in this company.

Other than this, I noticed all chairs they had had piles of dirt, tissue papers littered on floor and inside washroom. Really dirty office space. Next day I spoke to same hr again and told him I didn’t want to continue due to these issues. As expected he said I was making silly excuses and that he will speak to the directors and get back and until then I need not go to office. I called him after two days and he said I was absconding for two days and that now I dare not enter office premises otherwise he will call the cops, in a threatening tone.

This HR Is very arrogant and has taken it as an ego issue now. I’m certain he hasn’t spoken to directors and when I told him I’ll write an email to directors for final confirmation he got pissed off and felt threatened and said I shouldn’t write anything to directors.

Questions:

1. I’m planning to send an email tomorrow to directors about all the conversations and what they suggest how we close this. Do you recommend I do this or not required?
2. This is a small firm with about 20 employees and I don’t think they will go to court but just in case they do because I signed contract for 2 years, what are the merits of my case? I mean losing/winning…
3. Since they made me sign the documents without first telling about leave policy, can this be taken as tricked the employee into signing a contract without disclosing all terms. I mean does this hold any significance in court.

All my conversations with this HR are on recorded calls with me.
@Roushh

134 Comments  |  
24 Dimers
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Helpful Helpful
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Chill bro, i have friends who have broken infy, tcs and wipro bonds, not paid anything and now work with Microsoft, amazon
Just drop a mail stating you dont like their policies and they were not communicated before joining, hence you wont be joining.
Thats it and forget the matter

Deal Subedar Deal Subedar
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That’s assuring.
Did those companies go to court in your friends’ case? Going to court can mean a lot of legal expanses for both parties.

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Critic Critic
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Post in lawyers club of India app, free advice

Deal Subedar Deal Subedar
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Clearly communicate with company that, their HR have asked you not to come at office.

After your email, if in future they try to claim relevant to bond signed – they will have to release Salary also smile as you got preapproved leaves from HR

I would also suggest you to check, if employment bonds in India is legal or not. I think, government passed a notification with few limitations (i.e. employer cannot force anyone to work for long)

Deal Subedar Deal Subedar
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Yeah, I’ll write a final email clearly stating my case. The bond was on their company letterhead and not Rs 100 Stamp paper, if that means anything.

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Blogger Blogger
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nothing to worry.

just leap towards the future employment opportunities.

forget this one as bad incident /lesson

Deal Subedar Deal Subedar
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Yeah man. Truly bad incident. Usually I never sign bonds but this was the only one I signed in my whole life only because the office was near my home. Most other companies are based either in Noida or Gurgaon.

खाया पीया कुछ नहीं, गिलास तोड़ा बारह आना

Deal Cadet Deal Cadet
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Don’t Worry, Bond’s are just for name sake. There is nothing like “CONTRACT” in HRD Ministry. Its all coined by Industry to retain employment at cheap rates.

Deal Cadet Deal Cadet
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Its petty common people absconding large organizations aswell even with contract/bonds. One of my friend recently absconded from BlackRock wink

Deal Subedar Deal Subedar
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Right but I didn’t abscond. The HR asked me not to come until a final confirmation from their end.
I wanted to end the employment as soon as I could so that there are no financial implications on company to spend on my training and me going for few days and leaving. The HR told me they already paid the consultant for hiring me even though I feel this is a lie because usually companies pay after the employee has been with them for 3 months at least.

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Deal Cadet Deal Cadet
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As per my knowledge, these bonds are not so worth in india, but in US and foreign countries.

I have also heard that some companies like TCS, CTS, etc. sued the absconding employees with bonds. But am not sure what was the result on those.

From your experience you mentioned above, my advise would be not to join these kind of companies. We work for money. but we are not slave.

Deal Subedar Deal Subedar
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yes, bonds are not so worth here

And even – I never heard any case of getting such bond claimed

Deal Lieutenant Deal Lieutenant
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Can’t comment on your employer issue. But I have a suggestion for your Aadhaar issue. You can download a masked Aadhaar (only last 4 digits visible).
https://eaadhaar.uidai.gov...#/

Deal Subedar Deal Subedar
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The whole point of asking aadhaar is to have aadhaar number. If the digits are masked, it is as good as not having one. The main thing is the number.
They want my number which I’m not okay with. Also, according to supreme court ruling last sep, private companies can’t ask for it. If an employee wants to give it, that’s another case but no one can be forced into giving one.
https://economictimes.indiatimes.com/news/polit...

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Deal Subedar Deal Subedar
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Dont Worry, nothing will happen.

Company can only sue you over breach of contract and which they wont as these things cost them lakhs and years.

I myself took off from a 3B$ Indian firm, told my GM that I was leaving without resigning as they had 3 years/3 lakhs bond, and I didnt have that kind of money. Bond was signed on 100 rs Stamp paper. They sent 2 notices to my address with all legal language.
Third notice was termination letter.
This was 6 years back, nothing happened.

Deal Subedar Deal Subedar
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The hr I spoke with told me I had three options:
1. I resign officially, give them 3 month salary for breach of contract.
2. I go to their office and they terminate me (I don’t understand if they have to terminate me, why do I have to go to office? To collect termination letter? lol. This hr has taken it on his ego, he literally shouts over phone when talking to me. Never seen such arrogance)
3. They take the matter to court.

I told him let’s settle in court if that how you like it.

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Comrade Comrade
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Where do you live
I am a lawyer by profession

Deal Subedar Deal Subedar
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Delhi
Do you think their case has any merit to go to court?

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Deal Cadet Deal Cadet
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They will say all shit over the phone, you just say do what you want, don’t say any shit. Record all their shit, that will be enough proof of harrasment if they go to court, all your points are valid.

Deal Subedar Deal Subedar
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That’s precisely what I have been doing all this while. Their hr is a psycho. Gets hyper with every little thing. Never seen such behaviour in my whole life from an employee working for a corporate, let alone an hr who is supposed to look after employee issues.

Analyst Analyst
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I’m from Paschim Vihar, West Delhi

If you need any political help you can ping me.

Deal Subedar Deal Subedar
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Yea i need some sensible and genuine leaders in Indian politics, can you help me?
Ps. I am just joking and do not intend to make this political.

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Deal Cadet Deal Cadet
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Similar things happened with me.
I had joined a US healthcare billing firm in January this year. Signed same 2 year bond, It was written that if I breach I had to pay all my salaries back + ₹70000. They gave me 2 weeks training, then I was supposed to pass test of that training. Then I can join the floor.

But just two days before test I got a offer for better job at my home location. And I knew they won’t let me leave. So, I decided to fail the test intentionally, I did it. Then I was told that there’s a retest next day, so I thought now I had to say it clearly, so I did same, at the time of leaving that day I told my trainer cum manager that I don’t understand anything, So Won’t be coming from now, I gave him all things including ID Card and left.

No resign latter/mail, because I thought I wasn’t on floor yet, so I don’t need to resign.

After that day, there was no communication between us.

But then after 3 months, I got a absconding notice from company’s chennai(head) office. So I called office, and some unknown manager came on line & told me not to worry, It might be just a formality, still I asked him to confirm from chennai office, so he asked me to call next day. I called next day & he said Just ignore the latter.

That’s it.
There was no much HR involvement, because They had no HR available when I received absconding notice.

There were similar issues in that office like no indian holiday, sandwich leave rule, daily target based work.
& No indian holiday rules only applies to night shift, not to day shift.

In your case, I don’t think they’ll go to court.

Deal Cadet Deal Cadet
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And Absconding notice was dated a month back, when I received it. And It said I had to go to chennai office in 15 days to complete resignation process.

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Benevolent Benevolent
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They gave you an offer letter but, did you give them a signed “Acceptance” of that offer? If no, then there is no contract.
Have they asked for Adhaar in writing? If not, ask them to give that in writing. Once they gives it in writing, next time they threaten you with Court, threaten them back that you will take them to Court for Contempt of Supreme Court judgement.
Also, did they give their leave policy in writing? It is mandatory to give compensatory off and extra wages for 26th Jan, 15th Aug and 2nd Oct. If their written policy is in violation of that, then they can again be taken to the labour court.
But of course, any court action takes lot of time. So after you threaten back with court action, if they are willing to settle the issue amicably, that would be the best option.

Deal Newbie Deal Newbie
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Hi Plz ceck pm , I am in a similar issue , alos i gave signed acceptance on an offerletter whwer they mentioned if i dont join i will have to pay them monye!!!!. I noticed it now

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Benevolent Benevolent
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This HR fellow is loosing his commission from consultant hence he is angry.
Tell that fellow(HR) that u r going to post it on FB with recordings

Helpful Helpful
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Just for record purpose and knowledge sharing.
Aadhar sharing is mandatory since all educational certificates are verified using the aadhar number.
Most of the exam hall tickets are printed with aadhar number.
Background verification is done using the aadhar number as primary Key. And PAN number is mandatory for financial background checks before joining the new job for most of the companies.

Blogger Blogger
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this is all fault of nehru , their legacy came up with aadhar idea.

India was better without aadhar.

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Tech Guru Tech Guru
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I encourage you to just resign with necessary formalities. As you didn’t take any money, you won’t have to pay a dime. Have faith in the separation team, you won’t be sued and stuff like that. Just follow the procedure. 🙂And bhai know your job, job role before joining. Somebody else might have celebrated after getting this job, you know how difficult it is to get a job in India.

Tech Guru Tech Guru
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Adhaar, PAN, Bank details sharing is mandatory bro. Every job gonna require it for background verification, Salary credit n taxation purpose. That’s how organisation work. Bhai give Gate, get good jobs bro. 🙂 I wish all the best for you.

Pro Shopping Friend Pro Shopping Friend
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Bank details for salary credit & PAN for taxation..
Voter ID for address verification (if they don’t accept bank passbook xerox)..

What else is there in background verification that can’t be done without Aadhaar..??

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Deal Subedar Deal Subedar
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If you are joining a company as fresher they definitely ask for aaddhaar since epf mandatorily ask companies to open pf account with kyc as aadhaar otherwise companies need to do physical/ manual submission of forms. Most companies don’t want to do that. If you are joining as a lateral you can give UAN and if it is already lonked with aadhaar.In future PF Online claim will be easy compared to manual form submission. It is benefit only for you if you share aadhaar.

Deal Subedar Deal Subedar
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This company offers no PF benefits. Just fixed salary, zero deductions. Plus I already have UAN linked to Aadhaar, I could’ve given them that if they asked for it but that’s not the case.
The thing is we indians don’t take data security seriously and that’s why we give aadhaar to everyone who asks for it and offers even Rs 5 cashback in return. They have no valid ground to ask for it, per my knowledge.
Since I refused aadhaar, one of the HR told me that their company doesn’t recognize VoterID as a valid document, can you believe this crap? Are they above law?

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Deal Lieutenant Deal Lieutenant
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I do countless mistake and regret I should have not done that. One thing I understood from your @cocay experience never sign the dotted line if you are not at all comfortable

Deal Subedar Deal Subedar
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True.
Even I have followed this personal rule to never sign any employment contract however mouth watering the offer is. I actually declined several in past only because of this. I don’t have time, energy, money and patience to go through court cases just in case if anything goes wrong. That’s why I always decline.
This is the only one i signed in my whole life because of several reasons and incidents in recent past. I was very apprehensive to sign at the time it was offered but…..
… now you know what’s going on in this case

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Deal Subedar Deal Subedar
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Received a Termination email from HR due to various stupid reasons. Anyway, am not bothered. Case closed!
Is it possible that this termination may come up during any background checks in future? I mean does companies maintain some sort of centralized database of employees?
@ramadesidime @panchabhut @sswaver

Benevolent Benevolent
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you have not drawn salary so this employment will not be reflected in EPFO UAN. only the large pvt organizations maintain such database. So for a smaller organisation, it does not make any difference.

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