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Rajat Khanna (NA)     15 October 2012

Please help - 2 years bond, want to leave job

Hello All,

I am in urgent need of your help and suggestions. When I joined this company in february this year, I was asked to sign a service bond of 2 years on a stamp paper and the clause states that in case I leave the organization before 2 years I will have to pay Rs.1 Lakh.  There is a notice period of 1 month and probation period was of six months which is now over.

It is a sales job and thus ofcourse target based. My problem is that I am very stressed these days due to my job. I am just doing it out of compulsion that there is a bond period of 2 years. I am not at all happy with my job. Also I got diagnosed with high BP a few weeks back and i just want to leave it as early as possible. I am etremely stressed. Requesting you to please help me out.

Awaiting your prompt and helpful responses



Learning

 3 Replies

Kumar Doab (FIN)     15 October 2012

Mr. Davessar has given valuable advice. Kindly follow it.

It shall be appropriate to show all documents and records e.g. Bond, appointment letter, standing orders, service rule book, target Vs performance sheet/record of individual-team-branch-region-zone-pan India, and if you have record of industry performance like ORG data, stinkers, emails, appraisals, etc to a competent and experienced labor consultant/service lawyer and give inputs in person and let your lawyer evaluate the merits and suggest appropriate forum. The bond may be in violation of standing orders.

Has the company provided training adding to skill and qualification? Has any certificate of training been issued? Has the company provided any break up of expenses/itemized detail of expenses incurred by it? What is the ground of bond?

The decision is to be taken by courts of law and in case training has been imparted company has to justify the expense and employee can ask for itemized detail and supporting bills in original. Company shall press for liquidated damages.

Has the company confirmed your services in writing? If no, you should be considered a probationer.

Is the line management/HR exercising undue pressure and has it been issuing stinkers, SMS, emails, show cause notice, etc.

Has the company mentioned in bond that you shall not be eligible for any incremental increase in wages during the bond period?

If you are sick, has your specialist doctor diagnosed you with stress, depression, induced medical disorders?

You may try to reason and peruse with your line management and HR to grant waiver and relieve you and if they do not accede to your request you should approach good offices of appointing authority, MD, Company Secretary and seek relief, and minute the representations in writing under acknowledgment.

You may find the attachments useful.

 


Attached File : 386744347 417759075 validity of employment bonds.pdf, 386744347 background paper.pdf downloaded: 422 times
1 Like

Ritesh Maity (Labour Law Advocate)     12 February 2017

Originally posted by : Rajat Khanna

Hello All,

I am in urgent need of your help and suggestions. When I joined this company in february this year, I was asked to sign a service bond of 2 years on a stamp paper and the clause states that in case I leave the organization before 2 years I will have to pay Rs.1 Lakh.  There is a notice period of 1 month and probation period was of six months which is now over.

It is a sales job and thus ofcourse target based. My problem is that I am very stressed these days due to my job. I am just doing it out of compulsion that there is a bond period of 2 years. I am not at all happy with my job. Also I got diagnosed with high BP a few weeks back and i just want to leave it as early as possible. I am etremely stressed. Requesting you to please help me out.

Awaiting your prompt and helpful responses

These kinds of bonds/ agreements to withhold an employee is basically illegal. Company can recover the amount actually spent by them for providing any special training, if any, through these bonds and nothing much. Moreover, as already pointed out that these kind of bonds are drawn in a clumsy way and does not hold much value in the court of law. If you have a copy of the bond/ or if you can get the copy, consult with a lawyer with the copy of the bond to evaluate the situation. 


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