Jacob George 24 August 2016

Breaking bond from employer to pursue higher education

I joined in my company a year before as a trainee. While joining the company made me to sign a bond for 4 years after completion of 1 year probation/trainee period and they took a security deposit of 75000 inr which will be returned back after 2 years. After completion of the first year only I will be in the regular pay rolls of the company and till then I will be receiving a stipend each month. Once this initial one year is completed, the bond period of 4 years starts and if I am breaking the bond I will have to pay 3 Latha to the company. So my question Is, I want to break the bond after 2 years ie, the initial trainee period and then the following one year since I am planning to pursue higher education abroad. Will this bond is really valid? There were no training, salary is low compared to the job market, even after completing one year they have not changed my designation from trainee as promised in the joining letter and they have taken a huge amount as deposit money. Will I be able to break bond or at least will I be able to leave company with proper experience certificate if I am ready to leave the security deposit with the company? Kindly advise..

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Jacob George 24 August 2016

Kindly specify any other information required to analyse the situation..

(Guest)

Sir,

You may call me on the number below to get detailed advice. The question has itself no proper answer as to what they can do or not. It will all end up to what each party does in which situation. For example: if you leave the company right now they may not be able to recover the amount specified in the bond itself as they may have to then prove what kind of training have they provided. but they may then forfeit the security deposit."

Regards,

Rit Arora

Advocate

7838737001

Kumar Doab (FIN) 24 August 2016

You have posetd that:

"I joined in my company a year before as a trainee..................There were no training.............. After completion of the first year only I will be in the regular pay rolls of the company and till then I will be receiving a stipend each month..................even after completing one year they have not changed my designation from trainee as promised in the joining letter "

You were asked to join as 'Trainee' and NO training is provided.

Hope you have the evidence to support your contentions. If yes it may render employer as unworthy to be employed with, violator of its own T&C, having breached the contract drafted by it............

You were taken as 'Trainee' under which provision: Apprenticeship Act/Rules, Standing Orders?

Do you have copy of the said Bond, demand of deposit/cheque, acknowledgment, job advt,job application, interview call letter, selection letter, offer letter, appointment letter, saalry slips, job assignments, etc?

Certainly you may show all dcos on record and give inputs to avery able counsel specializing in Labor/Service matters for a considered opinion!