Hotness Need some legal advice - Employement Matter

Hot Deal Need some legal advice - Employement Matter

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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

130 Comments  |  
24 Dimers
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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

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Deal Newbie
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Post in lawyers club of India app, free advice

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karanoshan wrote:

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

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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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)

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Deal Subedar
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nothing to worry.

just leap towards the future employment opportunities.

forget this one as bad incident /lesson

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sunnie wrote:

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)

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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rogerthat wrote:

nothing to worry.

just leap towards the future employment opportunities.

forget this one as bad incident /lesson

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

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cocay wrote:

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.

At max my friends have got notices which also stop after 2 notices
No company has time and money to go to a court for petty issues
If a company files a case in civil court today there are chances that thier hearing will come up after 2-3 years and similar time for subsequent hearings

Modmod
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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.

Modmod
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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

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ModMod wrote:

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

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.

John
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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.

John
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cocay wrote:

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.

They will claim that you are absconded. Do you have any sort of proof that HR told you for final confirmation?

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john78 wrote:

They will claim that you are absconded. Do you have any sort of proof that HR told you for final confirmation?

Yes, recorded call where HR mentioned that I didn’t need to go and he will talk to the directors.
2 days later he also mentioned if I dare enter office premises, he will call cops, all on recorded calls.

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Deal Subedar
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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...#/

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cocay wrote:

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.

then no tention

have you taken any snap of that?

122233ep
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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.

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john78 wrote:

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.

yes, bonds are not so worth here

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

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SleeperRAW wrote:

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...#/

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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sunnie wrote:

then no tention

have you taken any snap of that?

Snap of what? Bond on their letterhead? I have a physical copy of the offer letter with me that has all terms and conditions.

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cocay wrote:

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...

You can generate VID. If they need the number. Just give them VID. https://resident.uidai.gov.in/vid-gene...on

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sswaver wrote:

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.

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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Deal Subedar
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cocay wrote:

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...

https://resident.uidai.gov.in/vid-gene...on

If they still don’t accept VID. Then ask them to get lost. sunglasses

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SleeperRAW wrote:

You can generate VID. If they need the number. Just give them VID. https://resident.uidai.gov.in/vid-gene...on

VID is useless because companies don’t need it for KYC. This is true for SIM, Bank which need KYC before opening an account.
Companies need the primary number to keep in their records. I would’ve given him original number too had he been a little polite and human, he was giving lame excuses and acting arrogant. That pissed me off.

The point is, can a private company force you to give aadhar number against your wish?

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cocay wrote:

VID is useless because companies don’t need it for KYC. This is true for SIM, Bank which need KYC don’t before opening an account.
They need the primary number. I would’ve given him original number too had he been a little polite and human, he was giving lame excuses and acting arrogant. That pissed me off.

The point is, can a private company force you to give aadhar number against your wish?

No, they can’t force

Modmod
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cocay wrote:

VID is useless because companies don’t need it for KYC. This is true for SIM, Bank which need KYC before opening an account.
Companies need the primary number to keep in their records. I would’ve given him original number too had he been a little polite and human, he was giving lame excuses and acting arrogant. That pissed me off.

The point is, can a private company force you to give aadhar number against your wish?

Why are you so concern with the Aadhaar No? Is some issue there?

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ModMod wrote:

Why are you so concern with the Aadhaar No? Is some issue there?

There is no concern man. It’s just that these days every Tom Dick and Harry asks for aadhaar without any valid reason. I already gave them voter id and pan for id and address proof. Why do they still insist only on aadhaar in the first place? What’s the logic? Just stupid dumb people keep asking for no reason.
Back in 2011 when i first got my aadhaar, nobody accepted it saying it was an invalid document. The only govt. institution that accepted was passport office. Bank, mobile operators all denied

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Where do you live
I am a lawyer by profession

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cocay wrote:

There is no concern man. It’s just that these days every Tom Dick and Harry asks for aadhaar without any valid reason. I already gave them voter id and pan for id and address proof. Why do they still insist only on aadhaar in the first place? What’s the logic? Just stupid dumb people keep asking for no reason

just keep cool.

if they go to court , you counter sue for prejudiced malafide intention , mental harassment etc whatever possible. you will win.

Missing