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psp (MTS)     08 October 2010

break service bond

Hi Forum,

I got an job in a private company few months back. In the offer letter no bond of service was mentioned. But as many newly joined folks left the organisation, they came up with an service bond and we are asked to sign that, which supposed to end in April-2011. if any one leaving in between, he/she has to pay an amount of Rs 2lac. Now due to some family issues i want to leave the company and i told them the same. but they asked me to go for a long leave of 2/3 weeks and then join back the company. but according to my personal issues i am not able to go and join them again. But the same thing they are not understanding. Now they are saying that they will not accept my resignation even if i send it through post. They are now asking me to pay Rs 2Lac or they will sue a legal case against me and black list me in NASSCOM so that no other company will offer me a job in later stage.
 Now my query is that is service bond is legal in india? I am not in position to pay back such amount. and also most importantly the bond was not there in their offer letter. is it possible to blacklist a person and ruin his carrer ahead?

Please suggest. i am going through a hell lot of trauma in my family life and top of that  these people are multiplying that by any means. Kindly suggest what i need to do.

Best Regards.



Learning

 5 Replies

Mahesh (Owner)     08 October 2010

Stay calm. Nothing of this sort could happen. Say for instace, if your company has to sue you for 2 lacs, they will have to continue persuing this case in the civil court for atleast 10 years and then you can always appeal in the higher court. So the total amount company will spend to recover your bond amount would be many times more than the amount they may or may not get at the end of the case. Tell them in writing that you deny all the charges and if the company dares let them do so with NASSCOM and you will file criminal damages claim under IPC 498, 499 (defamation and damage to reputation) against the company which will be very difficult for them to do business. Also tell them that they can go ahead with the civil suit at their own peril but you can always notify the labor department of India as well as to leading newpaper agencies about the forced labor practices of the company if they continue to harras you. Please ignore all their threats as it could not result into reality. I was working for a very reputed software company in SEEPZ that also used to do the same kind of thing and could not do anything at all at the end. Bonds, Oath letters are tools to threaten weak people so be strong and don't give in.

Throw their letter to trash or if you smoke use it to light your cigarette.

psp (MTS)     08 October 2010

Thanks Mahesh for your reply.

few things are creeping in my mind now,like what if they do so with NASSCOM, i may face trouble ahead in my career. one more thing i want to add up here that they asked me to sign the bond in the company's letterhead. No stamp paper used.i may fight in case they are moving to legal court but i fear what if they do so with nasscom. i may never get a job. please throw some light into this.

psp (MTS)     11 October 2010

could anyone please suggest. I am in big trouble. Please....

pavan kumar (zxz)     23 May 2012

Nassom never maintains any blacklist. You can call any regional office of nasscomm and get a confomation of the fact.

Kumar Doab (FIN)     25 May 2012

If you have posted all facts then apparently the bond was introduced with a bad intention to serve the selfish interest of the employer. There was no ground like employer is providing training to enhance the skill, education of employee; hence there is no valid ground.

Show your bond to some competent and experienced service lawyer and give inputs in person.

Record their threats (audio/visual) for use at appropriate time in appropriate forum. There must be many other employees in your kind of situation. You should all be a witness to each other. You can turn the tables.

Many employees left the company obviously as the avenues offered by employer were inferior to those offered by next employers in the market place.

It takes lot of years and monies to be qualified to become eligible for the minimum qualification demanded by the employers in the market. It takes many years and many hours a day ( more than 8 hours of work hours per day as majority of the employers make an employee work for ....hours a day) to become experienced and competent.

If employer has invested capitol in his venture the employee has also invested huge amounts before coming to employer. Interest of employer is selfish as some head count is required to run the company. Employees’ interest is to earn livelihood to support self, family, future.

While it is understandable that there should be some reasonable notice period to enable the employer to arrange for replacement, it is absolute stupidity and nuisance that even those employers who do not provide training are enforcing bond and employer end up signing under duress.

Can you ask a driver who has been driving ambassador to sign a bond if he is assigned to drive a Fiat or for that matter a Toyota.

Instead of burdening yourself you may submit a carefully structured representation to good offices of your appointing authority, MD,CEO, Company Secretary , and conclude that bond was imposed upon the employees, simply for the reason that many employees had left the company for obvious reasons ( make a note of reasons in your diary even if you do not want to spell these in your letter) and better prospects and avenues were available in the market place and to deter and subdue other employees from leaving the company the employees including you were forced to sign the document dated……….titled as…………bond. In fact no training or skill has ever been provided by the company to you to justify the need and ground for bond. Hence the document dated…..titled as………may be treated as cancelled from your end and company should also cancel it amicably. If some sureties have signed the bond let them also cancel it. Let this employer and his team of HR turn red and yellow.

You may mention that you are willing to accept the terms of equality that notice period or notice pay is the option with both employer and employee.

In IT sector while employers have created fronts to support them employees have not. Employees need to form communities and unions; of course constructive ones. They should support each other. Employees in this sector are computer savvy, and can connect to anyone in any corner. The number of employees is huge and strength can be high. Employees can have vote power hence political, financial power, legal power etc.

If employer could twist the state govt. to have waiver of Industrial Employment Standing Orders Act for 2 years (these 2 years are over) employees can also ask to enact rules/laws favoring them.

 


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