LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Priya (engineer)     14 May 2014

Employment bond for visa

My Employer has asked me to sign a legal bond before applying for the work Visa process to Singapore. the Bond amount is around 4 lakh rupees and is to be paid if I leave the organization within the validity of Visa (that goes for three years). He also got the bond for paying minimum wages allowable for that post in the country (lesser than the average pay) I want to break this contract. 

Please tell me what is the minimum I may have to ay this employer. The visa processing cost would mount to 2 lakh rupees ( I am not sure) 

The Bond also says that despite the empoyee willing to pay the bond amount the Employer may or may not relieve the employee.(the employee has to pay an amount of 4 lakh rupees in lieu of the tenure . the relievieng of employee is subject to the discretion of the employer)

please advise



Learning

 10 Replies

Sudhir Kumar, Advocate (Advocate)     14 May 2014

you have signed this bond

T. Kalaiselvan, Advocate (Advocate)     14 May 2014

Please go through the conditions of the agreement, if it does not suits, you may discard it, or show the papers to a lawyer for his opinion and then proceed after analysing the pros and cons and also fully  understanding the hidden danger elements  in it before signing the agreement.

1 Like

Kumar Doab (FIN)     14 May 2014

You should be clear that;

----The posting at Singpore is what; deputation, transfer………………………?

If its deputation, transfer by employer then it should be without any cost to employee and complete cost should be born by employer that has deputed, transferred.

Deputation and transfer are service conditions.

 

---Who will accrue benefits, revenue, and profit from this posting: you or employer?

If your services have been seconded then certainly these are being billed and employer is earning.

 

---The conditions that you shall continue to earn min. wages only  is repressive.

 

Although the employer may be increasing its billing rates.

 

It is strange that why employees fall for such unscrupulous employers, sign on dotted line without consulting elders in the family, do not form unions, do not become members of trade unions, and do not retain access to lawyer/law firm.

 

Since you have signed the Bond by your free will you have given the option of claim of legal injury to your employer.

However if you are able to find defects, violations, transgression then the employer may not do anything other than issuing hollow threats.

Since you have not consulted before signing you should for sure consult NOW a competent and experienced labor consultant/service lawyer and show copies of job advt., job application, interview call letter, section letter, offer letter, appointment letter, communications exchanged before applying for visa, after visa, letter of deputation/transfer, bond(s), list of Min. wages applicable in Singapore for your post, average pay for your post,  bills raised by employer on your services, payments made to your employer, etc………………………..and give inputs in person .

You should meet community of Indians working at Singapore and representative of Ministry of Overseas Affairs in consulate, Unions of employees working abroad, etc and find the violations and thereafter proceed under expert advice of your lawyer.

            

 

 

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     14 May 2014

@Lawyerouno: You may desist from soliciting business promo activities utilising the weaknesses of the distress and destitute people approaching this forum for relief/remedy/solutions etc.,  here the lawyers and others do charity service by sparing their valuable time by imparting their knowledge and rendering their valuable opinions/advises for the benefit of all at free of cost, if at all you want to run your business do it through some other means and not through this, it is irritating, if you donot stop soliciting business, the matter will be taken up with LCI Admin for appropriate  action.

1 Like

Kumar Doab (FIN)     14 May 2014

@Lawyerouno:

I concur with Mr. Kalaiselvan

Priya (engineer)     17 May 2014

Thanks Mr. KalaiSelvan and Mr. Kumar Doab.

I have signed the agreement and at the time of signing I felt that it would not be valid under Law. I am okay with Paying the Bond amount if I had to break for living in inhumane conditions but the Point iscan they hold me against will. Demand to serve more than three months of notice even after paying Bond. (their Contract claims that my relieving will be upto the discretion of org.) I heard Employer cannot force you to work against your will. it is against article 19 of constitution.

The bond states that I will become employee of the Singapore subsidiary of the company but I will have to come back to India to submit my resignation and get relieved. I may also have to stay a minimum of 6months in India before I can serve a notice period of 3 months.. (total of 9 months) else I will have to pay the Bond amount of 4lakhs to break the contract.

The Contract is more of a transfer from parent to subsidiary in Singapore. They will pay my travel but I have to take care of the rest. My family can be taken there but the issue is that they will not arrange for Visa. 

Isn't the contract one sided? 

Thanks all. 

Priya (engineer)     17 May 2014

The employer still holds the copy of the Bond document and is yet to give me the xerox. I will share it in the forum once I get it.

T. Kalaiselvan, Advocate (Advocate)     17 May 2014

@Priya: As rightly observed by you the contract seems to be one sided as well as against the provision of article 19 of the constitution.  In my opinion the agreement containing hollow threats may not be sustainable in law if at all the employer desires to take a legal route to the issue and he knows that very well hence he will keep issuing threats until you issue him with a strong legal notice demanding your reliefs. thus as advised, you proceed under the expert advice of a lawyer on the issue so that you are not getting entangled into unnecessary legal issues finding fault on your side.

Kumar Doab (FIN)     17 May 2014

You should have:

---shown the Bond to your lawyer before signing it. You are entitled to seek opinion from any one on any document that you have to sign. The document can be brought outside the office before it is signed for reading it understanding it and to seek opinion.

---should have kept the copy before signing it, after signing it   on the spot. Was this Bond signed by employer when it was handed over to you? Did you affix date below your signature?

You are entitled to get authenticated copy with seal and signature of employer not just Xerox copy, rather you should be given second original copy.

If it is transfer from parent Indian company to subsidiary then all expenses including airport transfers etc VISA is to be paid by Indian company that has effected transfer.

Why should there be any Bond for transfer?              

Your lawyer may opine that if you have been transferred you shall continue to be protected by Indian Labor laws.

Once employee has tendered resignation then employer-employee relationship has ended.

Resignation can be permission or notice.

You may go thru:

https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U3c-ZUeBmXU

https://www.lawyersclubindia.com/experts/On-bonded-labour-471086.asp#.U3dCbkeBmXV

https://www.lawyersclubindia.com/forum/Full-and-final-amount-100337.asp#.U3dFp0eBmXU

https://www.lawyersclubindia.com/forum/Non-acceptance-of-resignation-99603.asp#.U3dG8keBmXU

 

 

Indian and Singapore Laws do not permit bondage, and bonded labor has been abolished.

What are the Inhuman Conditions that you have referred to?

If these are inhuman conditions you can report to Labor Office and lawful authorities at Singapore, Indian Embassy, Ministry of Overseas Affairs and NGO’s enlisted with it, and community of workers from India in Singapore.

 

 

 

What is this company/establishment: Commercial, Industrial, Small Enterprise?

 

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board!

 

How many employees are employed in it?           

 

What is your designation and nature of duties?  

 

Has your service been confirmed in writing?

The establishment works  for how many days/week?

 

Redg. office of your employer is located in which state?

 

Before transfer you were located in which state in India?

 

Were you provided appointment letter, copy of HR policy/Service Rules and Regulations mentioned in and referred to in appointment letter, PF,ESIC coverage, eligibility for Gratuity, group Insurance, health insurance in India and does the company still deducting contribution for PF, ESIC etc?

 

Has the company provided any social security coverage to you in Singapore?

 

If you were transferred the Indian Company shall continue to be your employer.

 

Who processes the salary and who pays it; Indian or Singapore Company?

 

Are you getting wage slip/salary slip?

 

 

What are the deductions being made from your wages?

 

IN the meantime you may go thru the attachments.


Attached File : 949867474 417759075 validity of employment bonds.pdf, 949867474 background paper.pdf downloaded: 76 times
1 Like

Priya (engineer)     21 May 2014

Hi All,

Thanks for the Response. Is there a Precedent where in such a case was filed for compensating a company for work Visa? or minimum tenure to be served?

I am trying to get in touch with a Lawyer in Bangalore as the parent company is based out of bangalore and I saw that any legal aspects would be within the Jurisdiction of Bangalore court.(I am not sure of the exact wordings)

 

Priya


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query