Ibps bank so indemnity issur
2 months ago
One of my female family member cleared ibps(SO) exam in 2023 .on the very first day of joining her senior who is a female misbehaved with her scolded her and asked her to do whatever and however she says asked her to go and do door to door sales and she means business .on the very second day my sibling resigned stating the reason and with a request to relieve her .she just signed the repoting and didn't complete salary account opening /id card form or NPS account formalities for a few months there were no replies from the bank officially on mail or paper .they tried to scare her on call asking for indemnity .indemnity bond is something they asked for at the time of document verification months before joining and receiving the provisional offer letter .In the provisional offer letter it was clearly mentioned thay if didn't reported on the mentioned date then this offer will be considered null and void.Just because she signed on the reporting now the bank is torturing her from last 1 and half year they keep on mailing calling for enquiry .she is facing mental and physical issues because of this continuous harassment and even after 1 and half year she is still unemployed and is not able to think about her career .kindly provide insights what actions we can take in this regard
It is advisable to file a police complaint and file an FIR with charges including Section 354, 509 of IPC. it states that whoever hurts or causes damage to the modesty of a woman, shall be punished.
Thank you
A service/employment bond itself does not create any relationship between an employer and an employee unless and until it is followed by the essential steps required to make the Bond valid and enforceable under the law. The validity of Employment bonds can be challenged on the basis of Section 27 of the Indian Contract Act,1872 which prohibits any agreement in restraint of trade and profession. The law states that an agreement (employment bond) will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. 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 in 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 the Bank takes any legal action against you and 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 Bank, 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 against the Bank in Civil Court including a suit for defamation seeking appropriate relief in the matter.
She should have lodged police complaint immediately against such female senior. Now get issue a legal notice to stop such non sense communications otherwise lodge a police or private complaint.
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