The company has taken my original documents
6 months ago
I have worked in a company for 3 months but now I don't want to continue in the same company.but the company is not giving my original documents and saying that if you want documents then pay the full 3 months salary to the company.because the company has 2 years of bond
A.Dear
Communicate Clearly: Express your concerns to the company in writing, stating that withholding your original documents is illegal and demanding immediate release of the documents without any conditions.
Seek Legal Advice: If the company continues to withhold your documents, you may want to consult a labor lawyer or legal advisor who can guide you on the appropriate legal steps to take. They can help you understand your rights and how to proceed further in this matter.
File a Complaint: If the situation persists, you may consider filing a formal complaint with the labor authorities or the relevant government department responsible for labor disputes. Provide all necessary documentation and evidence to support your case.
Consider Negotiation: If the bond is the issue, try negotiating with the company to find an amicable solution. You may offer to repay a reasonable portion of the training or other costs incurred by the company if you are seeking an early release from the bond.
Communicate Clearly: Express your concerns to the company in writing, stating that withholding your original documents is illegal and demanding immediate release of the documents without any conditions.
Seek Legal Advice: If the company continues to withhold your documents, you may want to consult a labor lawyer or legal advisor who can guide you on the appropriate legal steps to take. They can help you understand your rights and how to proceed further in this matter.
File a Complaint: If the situation persists, you may consider filing a formal complaint with the labor authorities or the relevant government department responsible for labor disputes. Provide all necessary documentation and evidence to support your case.
Consider Negotiation: If the bond is the issue, try negotiating with the company to find an amicable solution. You may offer to repay a reasonable portion of the training or other costs incurred by the company if you are seeking an early release from the bond.
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A.Dear Client,
In the absence of a specific stipulation in the contract of employment or Employment/Service Bond, the Company neither can withhold your original documents nor demand back salary in lieu of notice. . As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to the employment bond to serve the employer for a specific period of time. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Act makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Otherwise, you need to file a civil suit seeking appropriate relief in the matter and in addition, you can file a criminal suit against the Company for criminal intimidation under Sec.503 of IPC.
In the absence of a specific stipulation in the contract of employment or Employment/Service Bond, the Company neither can withhold your original documents nor demand back salary in lieu of notice. . As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to the employment bond to serve the employer for a specific period of time. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Act makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Otherwise, you need to file a civil suit seeking appropriate relief in the matter and in addition, you can file a criminal suit against the Company for criminal intimidation under Sec.503 of IPC.
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