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NS Venkat Kumar (Developer)     22 August 2014

Breaking the employment bond without paying money

I am a software engineer. Singed a bond in my current organization of Rs. 3 lakhs for 2 years. After joining the organization I was felt very uncomfortable the way they treated the employees. They are keeping the employees always in under pressure. So after joining it self I started searching some other jobs. Now it is 7 months later I got very nice opportunity in an MNC. So I resigned my job by sending a mail and went to my HR by saying that I am not feeling well and I want go back to my native and settle with my parents. She told that you have to pay either 3 lakh, I said as per my current family situation I can pay 1 lakh now and 1 lakh after 4 months. But I cannot pay 3 lakh rupees. She told that so we cannot allow. Then I told to HR that I am taking back my resignation notice. And they asked me for a letter of applogize for the matter to the HR. with my ID proof. After that now they are treating very rough now.

I have gone through several blogs that the employee bond is not legal in India. Also I have read something if the employer gives any training they can retain the training amount. In our organization they are giving some useless training  just for a name say by their employees itself. I thought unncessarily they are wasting our time by doing such training and getting signature at the end of training. But now only I understand the importance of doing such thing.

Now my question is will they able to increase the bond period again. Is there any way to break the bond without paying the money. Because now I cannot even join with the new company without releiving letter and cannot work in the current company.  I working in hell like a situation. Neither me happy here nor my family. So anyone please suggest me and help me.

They are also not giving the copy of the Bond. If I ask they are telling it is company rule that we cannot provide the copy of the bond.



Learning

 7 Replies

Kumar Doab (FIN)     22 August 2014

 

 

 

Verbal Transactions are not on record. Record all calls/meetings/pressure/rudeness/insult etc (audio/visual) and keep witness(es)/evidence. Build irrefutable record.

 

 

 

 

1.     The conditions on penalty @ Rs.1000/day and Rs5000/day are absurd.

2.     NON Compete Clause/agreement: Indian Courts of Law have consistently been declining to accept it after termination of employment as it hits right to earn livelihood and clauses of Indian Contracts Act………………..

3.     Female HR is not your employer and may herself is just another employee in the company. Why are you running to her for anything and everything and tolerating her tantrums. Certain communications should be sent in writing under proper acknowledgement. What was the need and reason to write an apology? Resignation is not offence for which employee should tender apology?

4.     If the training is not a certified training that would add some extra ordinary skill or qualification to the employee then even if employer has obtained signature on completion of training it may not fetch any significant weight age.

5.      The BOND apparently seems to have been written on the flimsy ground of some concocted training and company shall have to establish the Real Training,actual cost etc………

6.      The Bond signed by you may be unconscionable, unreasonable, illegal, void, arbitrary,…………………

7.     It is no logic or policy that copy of the Bond shall not be handed over to employee. Did you ever demand it in writing? Are you a bonded labor that someone shall extract thumb impression (Angootha) on a document and keep you on the leash…………………Why did you agree to such terms in its first place?

8.     Yes the company can increase the period of Bond. You can decline to accept the increase.

9.     If Bond is void then you don’t have to pay any money.

10.   Service certificate has to be given to all employees.

11.   Relieving letter is given post settlement of all a/c’s by employee.

12.   Many employers shall accept you without the condition of relieving letter. You have to search.

13.   NO employer can keep you in forced employment. YOU can leave any employment.

14.   Can you establish that employer has breached…………………………..and is unworthy of being employed with?

15.   Did you consult your family before signing on the dotted line? If NO you have erred.

16.   Were you ever member of any union during college, later, or are you a member NOW? If NO you are ill informed and there is no BODY/Organization that you can fall upon.

17.   Have you retained access to an able Labor Consultant/Service Lawyer? If NO you have grossly erred.

18.   Are you aware that IT/ITeS employees also formed unions and Trade Unions are more than willing to embrace IT employees? If NO you were living in which world. Approach them and become member of well informed employees and hence aware. Form groups and defend your rights.

19.   Employees like you are most susceptible for exploitation and unscrupulous employers like yours are always on look out for candidates like you. Has the company kept your original certificates too? has it ever threatened that you shall be blacklisted in NSR/NASSCOM etc? 

 

20.   Think and answer:::::: Why should such employers leave employees like you?

 

https://www.lawyersclubindia.com/experts/Regarding-breech-of-bond-491511.asp#.U_cwIMWSwb8

https://www.lawyersclubindia.com/forum/Resignation-and-not-serving-the-notice-period-107588.asp#.U_cyN8WSwb8

 


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1 Like

NS Venkat Kumar (Developer)     22 August 2014

Thank you Kumar sir. Thanks for your immediate response.

Yes, I agree its my fault. I have not consulted my family before signing the bond. Actually I was in Ahmedabad. They called me for final interview at Noida, where my current company is. They have told that you have to come with all the certificates and passport for getting the offer letter. I have planned to go back on the same day to Ahmedabad after completing the interview and getting the offer letter. So I told them my train is 3 PM. The procedure complete at 1 PM at sudden times I was not even fully read the offer letter and bond paper, I thought everything will be ok. And I never heard such thing is happening so that we have to keep alert. And this is my lesson.Now I learned.

Now family is getting more fear about my future that if I quit the job without paying the money they will file a case against me and some police come in our houses, because we are living in a very descent area. That will spoil my image infront of neighbours.

Also I am very new to Noida I have searched for Labor Consultant/Service Lawyer and IT/ITeS employees also formed unions and Trade Unions, but I am not getting anything in my area.

Please kindly suggest me how to find them or any other help.

Kumar Doab (FIN)     22 August 2014

 

 

>>> Do you have any evidence of delayed salary, non issuance of salary slips, unauthorized deductions, Non payment of PF,ESIC, extended working hours and non payment of OT………………………….rude/coercive/threatening/abusive/intimidating practices or conduct at workplace that would prove breach of contract by employer……………………render the employer as unworthy of being employed with?

 

 

>>> IT/ITeS employees unions:

 

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/

https://itnitesunion.wordpress.com/author/itnitesunion/

 

 

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com


https://www.shivsena.org

 

 

 

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

 

 

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

Shiv Sena forms first union in information technology sector

 

 >>> Trade Unions:

CITU, AITUC, INTUC, BMS ………………………

Search thru google………….

 

>>> If you wish to search Labor Consultant/service Lawyer thru LCI databank you can conduct search at;

 

https://www.lawyersclubindia.com/lawyers_search/#.U_dlB8WSwb8

You shall have to set the T&C with your lawyer on your own.

>>> Call your elders to stay with you for some time and consult your lawyer with your elders.

Your parents can consult Labor Consultant/service Lawyer at their location thru their regular lawyer in their city also.

 

Once you have understood the merits thru your parents proceed carefully under the expert advice of your lawyer. Before you act build favorable written record with the help of your lawyer.

Let your lawyer draft all of your communications.

 

Avoid acting on your own.

NS Venkat Kumar (Developer)     22 August 2014

Thank you Sir.

I have no legal proof or any evidence everything is verbal only. 

Now I will start collecting legal proofs.

 

 

 

NS Venkat Kumar (Developer)     23 August 2014

Hi Sir,

Is there no way to quit my job without prior intimation. I am not interested to work on that place anymore. It is like I am feeling in hell every second even though nobody tells anything.

If I abscond from the company do they come to my house and for the investigation do they ask my parents to police station. Is it possible? I am very much confused. Nobody with me now as I m a only son to my parents. They are also can't able to stay with me now, because of their health condition. For my family financial situation I came here to earn money but now I am really in very much tragedy. I think if I am in this condition continuously with depression, sooner I will be mad.

Kumar Doab (FIN)     23 August 2014

Don't abscond.

Consult your lawyer and elders in the family AS AP.

You may also go thru other threads e.g:

https://www.lawyersclubindia.com/forum/How-to-get-early-release-107797.asp#.U_ilZMWSwb8

https://www.lawyersclubindia.com/experts/Regarding-breech-of-bond-491511.asp

manoj kumar   28 March 2018

 

 

Dont work for company work for yr future...........................

 


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