rahul (software engg) 11 July 2012

Help Breaking bond

Hello Sir ,

I am working in a XYZ IT Company . Before joined this company i worked in some gov firm as contract basis . there i was getting xxx amount as cts .When i joined my current company they asked me to sign bond . and hr promised that she ll pay more than xxx amount ( not written varval only ) .and hr also said first 45 days will be my traning period some MNC company guy will come to give traning .and traning period no salary .Then also i joined that time i had only 6 month exp in my previous company . when i joined i came to know only office guy will give traning and that is also not that much exp guy . so 45 days traning goes like that only . after 45 days when i got salary i gt verry less amount as per bond ( which is less than previous company salary , but hr told me its only just bond you will get more ) then i asked that hr she said talk wid MD so i went to MD he said only 6 months exp you are having so you cant get that much . so first 1 year i have to survive with verry small amount money . that time i was help less . so i worked . then also we are not getting salary in propertime . some times after 2 months we are getting salary . I am the only earning mamber in my family . so its verry difficult to survive with such small amount and that also after 2 months .every months we need to ask them for salary and everytime they behave with us like slave .I felt insult many times so i stop asking them . in my company they are not giving relaving after bond also if any one ask for relaving they will say i ll take legal action and i ll spoil your career . So every one working after 4 years also with low salary .my mom's health is not good her treatment going on from long days its verry difficult to survive with such salary . i got 2 offer from mnc company they are ready to take without relaving i told them each and everything about my company .

So I WANT TO LEAVE MY COMPANY . PLEASE TELL ME AM I GOING TOWARDS CORRECT WAY ; I AM FED UP With MY COMPANY .

I WROTE MY BOND ON 100 RS STAMP PAPER .

BOND FORMAT :

1.THE EMPLOYEE HEREBY AGREES.

1.1.To serve the Company for a period of 30 months inclusive of training and extendable to a further period of 6 months if required as per the terms and conditions of the Appointment Letter dated ----------------- issued by the Company and duly accepted by the said Employee.

1.2.To obey and to abide by the rules and regulations, service conditions and standing orders of the Company as may be in force from time to time and comply with orders of his superiors issued from time to time.

1.3.That in the event of his committing breach of any of the terms of his agreement, the Employee shall compensate the Company by paying to the Company the following amounts.

I. Liquidated damages of Rs 3,00,000(Rupees Three Lakhs Only) which represents as genuine estimated of damages that would reasonably be caused to the business of the Company on account of the said breach of agreement and

ii.Any other expenses relating to loss of man and machine hours which otherwise would have fetched a reasonable amount of profits to the business of the Company.

1.4.That in the event of the Employee leaving, abandoning or resigning from the services of the Company during the mandatory period of service as provided herein and and in the appointment letter dated -------------- or if the services of the Employee are terminated by the Company for breach of any of the terms and conditions of the service or for any other reason, the Employee shall not directly or indirectly engage in or carry on or be a part of the process of Technology in which the Employee was trained/engaged in at present and is being carried on by the Company and the Employee shall not serve in any capacity whatsoever or be associated with any person, firm or company carrying on similar business as that of the company either in India or abroad, for the remaining period of the said mandatory service period of 3 years and one more year after that.

2.THE SURETIES HEREBY AGREE:

2.1.The Sureties hereby undertake to ensure due compliance of the terms of this Agreement by the Employee .The Sureties shall jointly and severally be liable along with the Employee jointly and/or severally for all the amounts that Employee may become liable to pay to the Company on account of breach of any of the terms of this Agreement. Further,it is clearly understood that it shall not be necessary for the Company to proceed against the Employee to recover any amount that may become due by by the Employee to the Company under this agreement.Even without proceeding against the Employee, the company can directly proceed against the Sureties only and/or against the related Sureties or the other Surety or either of any three of them or against any two at its own and sole discretion.The fact that the Company proceeds against one of them shall not discharge the liability of others to the Company under this agreement.

3.The Company shall not be responsible for any interruption in or training as well as service due to exigencies of work or for causes beyond its control.

4.The conditions of the Associate with the Company as contained in the appointment letter issued by the Company,save as expressly modified herby,shall remain unaffected and shall continue to be binding on the Employee and his/her Sureties.

5.In case of any dispute arising out of his agreement, it shall be subject to the jurisdiction of appropriate Court at ABCD District.

IN WITNESS WHEREOF these presents are executed on the day and the year first above written.

WITNESSES:

PLEASE HELP ME . I AM HELP LESS .

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3 Replies

Kumar Doab (FIN) 12 July 2012

Employee should consult elders in the family, competent and experienced well wishers, lawyer/law firm before signing on the dotted line.

You should not have signed the bond in first place. The conditions expressed in the bond are in simple language and understandable.

Did you ever raise the issue of paying salary lower than offered during interview and selection, no specialized training adding to skill or qualification, training was just sessions with existing employee of the company on product/ processes of the company which company is duty bound to provide without any cost to employee, non payment of wages during training period, non payment of wages on time etc being treated badly at workplace, rude/insulting conduct at workplace, bond being flaunted to subdue the employee, and any other issue which is causing stress, burden, harassment, etc.

You have posted that :

--“after 45 days when i got salary i gt verry less amount as per bond ( which is less than previous company salary , but hr told me its only just bond you will get more )”

Do you mean that no appointment letter was issued to you and salary to be paid to you was not communicated to you in writing or salary was mentioned in bond but less amount of salary was paid?

Has the company issued any salary slip? How the salary is paid?

--“i got 2 offer from mnc company they are ready to take without relaving i told them each and everything about my company .”

You may come out verbal mode and express yourself in writing even if by email and mention that you have signed bond and current employer may not issue acceptance of resignation, relieving letter, FNF statement, last salary slip and you can provide only copy of resignation, proof of dispatch and POD, and may harass for having signed bond.

It is important that new employer should stand by you if current employer chases you and takes new employer in loop.

--“1.2.To obey and to abide by the rules and regulations, service conditions and standing orders of the Company as may be in force from time to time”

Has the company circulated employee rule book, standing orders, HR policy, leave rules etc If not have you demanded in writing under acknowledgment, the certified copies of these to be supplied to you in office or by redg. post? You should.

No company can keep any employee without wages even during training.

The conduct of your employer is illegal.

Company shall have to prove the amount of liquidated damages. The condition of not be employed with competitors can be contested on merits.

Your sureties should remain firm and stand by you.

Kindly do not act on your own and approach a competent and experienced service lawyer/law firm/Labor Consultant and show all documents and give inputs in person and proceed under expert advice of your lawyer.

Valuable advice of learned experts/members is sought.

rahul (software engg) 12 July 2012

Thanks For your replay . I am 2 yrs exp but i am getting only 11.5k per months. 1st year i got only 6700 per month . then also we are getting after 2 months . i dont want to work any more . i dont want relaving or experience certificate . and our job location is not fixed every time we need to move one client place to another client place , my mom's health is not well i want to stay with her . Help me .

Kumar Doab (FIN) 13 July 2012

Your salary in 2nd year is almost double than 1st year.

Approach your lawyer with all record, give inputs in person and be honest in teling all the facts.Your lawyer should be able to draw a strategy for you.