Dying youth because of employment bond
Querist :
Anonymous
(Querist) 18 November 2011
This query is : Resolved
Dear Experts,
I need a very urgent advice from you. I am a graduate engineer and i have recently joined an engineering MNC.The company asked us to sign the bond of 2 lakhs for 2 years without which we cannot join the company. Before joining they didnt state what job profile they will provide.For one month they conducted an oreintation program in which we were introduced with companies businesses and art of living programs and as such programs. Now its been one month that I am working in office. The job profile they have given is not what I wanted to make career in and for past one month I am very stressed. Just for 2 days I got another offer from another company with the job profile I desired but they are asking for the Relieve Letter. Now in case I have to get the Releive Letter I will have to pay 2 lakhs. I am financially weak and I already have taken an education loan for my education.I talked to my seniors and they said that the HR are very rude, adamant and strict and they wont let me go without paying money.I dont have money and I dont want to work in the company.I have attached the Bond soft copy and the offer letter. Please help me what to do. Please.
Kiran Kumar
(Expert) 18 November 2011
you are supposed to honour the contract/ agreement between you and the company.
even the SC is against your wish...better settle the matter with the company.
you may under perform so that the company may expel you.
Kirti Kar Tripathi
(Expert) 18 November 2011
Once a company recruits an employee and invest a huge amount in enhancing his skill, it has a right to retain him for its benefit. The contract of employment is a one of the mode by which a company can impose some pressure on an employee, who is trained by its otherwise after acquiring skill all will leave the industry.The employees has to considered all aspects of contract before singing the same. Once contract is signed both parties are bound to adhere it.
Guest
(Expert) 18 November 2011
I can understand that due to dire need for employment you would have signed the bond in a hurry even without knowing your job profile. But, take a caution for the future that without understanding the complexity of the language of the bond with particular reference to the job satisfaction you would be going to derive from the job, you should not hurry about accepting any job and to close the doors for the future opportunities.
Since, you have committed a mistake from which there seems no escape you would have to compromise with your position till the bond period expires.
mahendrakumar
(Expert) 19 November 2011
The only possible way to come out of the trap is by underperforming.but not in a hurry.
alternatively,try to like the present job.
many of our dream job,when seen from a distance may not be that sweet.
every job has its monotonical aspects.
Guest
(Expert) 19 November 2011
I may have to differ with the advice of Mr. Mahendra Kumar about resorting to "underperforming", as that way of working may lead you to spoil your own budding carrer when, as you can form the habit of work-shirkerness and intentional inefficiency on your part.
Better try to show your worth, so that the company itself should consider to raise your salary to your desired level. That may also enhance your market value.
mahendrakumar
(Expert) 21 November 2011
dear dhingra,
I was not encouraging any under performance.
I was only suggesting an alternate escape route,as suggested by Mr.Kiran,as the querist was more concerned about the job profile,rather than its monitory worth.
Guest
(Expert) 21 November 2011
Dear Mahendra,
I have just tried to highlight the demerits of under performance.
prabhakar singh
(Expert) 21 November 2011
Yes i do agree with experts query reply and feel enlightened by opinion of Hon'ble Dhigra
Guest
(Expert) 21 November 2011
@ Prabhakar ji,
Thanks for the complements please.
Querist :
Anonymous
(Querist) 22 November 2011
Dear Experts,
Thanks 4 your replies, however, i would like to quote the
Expert : Basavaraj
Posted On
18 February 2011, on this very site,he quoted "As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided."
I would like to ask your opinion if you have downloaded my files, that whether the bond which I signed is one sided or not. And even if I have signed it does it have any legal validation?
He quoted ,"Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices.
As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land."
Now, I cant adjust in this company, and absolutely I could not know it unless I join it and I could not join it unless I sign the bond. And the job profile they have offered me is killing me and I emphasize I am emotionally and mentally stressed also. So does this agreement which states to improve my professional ground holds credibility?
He quoted,"Sec 368 of Indian Penal Code talks about extortion by the threatening to file a legal suit. The minimum punishment under this act is 2 two years."
Now as I emphasize again I am financially weak and I can't pay 2 lakhs. The HR people are rude and adamant and again as per the contract they will not issue me the exit documents unless I pay them. Now my question I cant stay there and I cant leave it, and the HR are threatning me to file a legal suit if I cant pay them and leave without exit documents and I need the exit documents. So in this situation what should I do? I cant leave and I cant stay , it hampers my productivity and anyways I know I will be poor performer , that anyways hampers my career. So suggest me any legal help I can get?
