Hi! ALL
I am working as an recruiter in a international recruitment company in Delhi.
In my workplace harassment by immediate manager has reached menacing proportion. To make things worse, i have signed a band with the company for one year, the breach of which will cost me a 1 lakh rupees.
My manager is threatening to terminate me, and make me pay the bond money.
SO I WOULD LIKE TO ASK A FEW QUESTIONS TO ALL WHO CAN HELP ME!!!
1. Is bonded labor allowed in India?
2. If the company is terminating me, am i still liable to pay the bond money?
3. If the company is shifting its office to a different location, where i would not be comfortable traveling, will the bond still hold valid?
4. Is there any legal step that i can take against m manager to stop him from harassing me?
PLZ HELP!!!!!!
From India, Delhi
I am working as an recruiter in a international recruitment company in Delhi.
In my workplace harassment by immediate manager has reached menacing proportion. To make things worse, i have signed a band with the company for one year, the breach of which will cost me a 1 lakh rupees.
My manager is threatening to terminate me, and make me pay the bond money.
SO I WOULD LIKE TO ASK A FEW QUESTIONS TO ALL WHO CAN HELP ME!!!
1. Is bonded labor allowed in India?
2. If the company is terminating me, am i still liable to pay the bond money?
3. If the company is shifting its office to a different location, where i would not be comfortable traveling, will the bond still hold valid?
4. Is there any legal step that i can take against m manager to stop him from harassing me?
PLZ HELP!!!!!!
From India, Delhi
Dear swetha ,
First of all i am one of the person recently resigned from an x organisation because of the same problem faced by you .
My friendly sugesstions are ,
1.First of all bonded labour is abonded in INDIA according to supreme court of INDIA .
2.The only reason still the companies are asking about the bond is just to make employees to stay for a longer time .
3.If you go the court the final announcement will be towards your side but as you know in india it will take min 2-3 yrs.
4.If you file a case against your manager then that will be a great problem for your career because the organisation will think about you twice before recruiting you .
5.So better way is that you put a resignation letter to your reportee from your personal e mail i.d so that it will be stored in your sent mail and if they ask to write on a plane paper you just take signature and keep a copy with you that will be more than enough for another organisation to recruit you they will get to know that you have resigned if any thing is there that will be between you and the organisation .
All the best.
From India, Warangal
First of all i am one of the person recently resigned from an x organisation because of the same problem faced by you .
My friendly sugesstions are ,
1.First of all bonded labour is abonded in INDIA according to supreme court of INDIA .
2.The only reason still the companies are asking about the bond is just to make employees to stay for a longer time .
3.If you go the court the final announcement will be towards your side but as you know in india it will take min 2-3 yrs.
4.If you file a case against your manager then that will be a great problem for your career because the organisation will think about you twice before recruiting you .
5.So better way is that you put a resignation letter to your reportee from your personal e mail i.d so that it will be stored in your sent mail and if they ask to write on a plane paper you just take signature and keep a copy with you that will be more than enough for another organisation to recruit you they will get to know that you have resigned if any thing is there that will be between you and the organisation .
All the best.
From India, Warangal
Dear Sweetavantica,
Dont worry some sggetions are there from my side. No organisation can take a service agreement from the employee until and unless such firm appoints any one as trainee. If any organisation takes any person as trainee then they can take an agreement from such trainee with an assurance to serve them for a minimum period of two or three years after completion of tranining period. Reason behind this is, because during imparting training, the organisation has to incure some expenditure such as stipend, benefits extended to such candidate during training period etc.
So in such a case there will be justification for the organisation to ask the candidate to give service agreement and on his failure to fill fill the obligation, the organisation can recover the compensation from the candidate. But, such amount should not exceeds the total amount what he has spent towards training expences on that candidate. On the other hand, without giving or imparting any training to any employee no organisation should take the service agreement/ bond and insist them to serve with the company forcibly.
In your case, you did not specify whether you were taken by your company as trainee or direct employee. If you were taken as trainee, then you are required to pay the service compesation to the organisation, provided if you leave the organisation during agreement period on your own accord. But, you need not pay any such amount if organisation terminates you with out having any mistake of you.
Regarding harrassement by your immediate superior, why you did not make a complaint against him with his next immediate boss by stating all of the facts. So many organisations are there across the country very particularly in Delhi to protect the interest of person like you. I sincerely advise you to approach your higher bosses and tell them the problem you are facing in the hands of your immediate superior and wait for their reply or response. If purpose is not served, then once again you should approach the higher bosses and ask them about your complaint adn action taken against him. If they relcunt to take any action against the person whom against you have made complaint, then submit your resignation by stating all facts which led to your resignsation and request them to waive the agreement compensation and quit the services with out paying any compensation.
After submitting the papers you need not bother about your liablility for compensation payable by you since the management literally fail to address your concerns. No court can compell you to make payment in such a case. Try to record the threatings of your manager in cell and submit the same before any human rights commission for getting speedy redressal of your greviance if you so dersirous to do so.
On the other hand if they ask you to shift from your present place to any other place where you can not go and join, then you should make request to them by stating for security point of view you can not go and join in new place and ask them to accept your resignation.
I think you can find some solutions for your problem after going through the advice given by me as stated above. Try to settle your case amicalby with your higher bosses as soon as possible and should not make it as legal issue untill and unless it warrants.
Regards
NVRao
Hyderabad
From India, Hyderabad
55Dont worry some sggetions are there from my side. No organisation can take a service agreement from the employee until and unless such firm appoints any one as trainee. If any organisation takes any person as trainee then they can take an agreement from such trainee with an assurance to serve them for a minimum period of two or three years after completion of tranining period. Reason behind this is, because during imparting training, the organisation has to incure some expenditure such as stipend, benefits extended to such candidate during training period etc.
So in such a case there will be justification for the organisation to ask the candidate to give service agreement and on his failure to fill fill the obligation, the organisation can recover the compensation from the candidate. But, such amount should not exceeds the total amount what he has spent towards training expences on that candidate. On the other hand, without giving or imparting any training to any employee no organisation should take the service agreement/ bond and insist them to serve with the company forcibly.
In your case, you did not specify whether you were taken by your company as trainee or direct employee. If you were taken as trainee, then you are required to pay the service compesation to the organisation, provided if you leave the organisation during agreement period on your own accord. But, you need not pay any such amount if organisation terminates you with out having any mistake of you.
Regarding harrassement by your immediate superior, why you did not make a complaint against him with his next immediate boss by stating all of the facts. So many organisations are there across the country very particularly in Delhi to protect the interest of person like you. I sincerely advise you to approach your higher bosses and tell them the problem you are facing in the hands of your immediate superior and wait for their reply or response. If purpose is not served, then once again you should approach the higher bosses and ask them about your complaint adn action taken against him. If they relcunt to take any action against the person whom against you have made complaint, then submit your resignation by stating all facts which led to your resignsation and request them to waive the agreement compensation and quit the services with out paying any compensation.
After submitting the papers you need not bother about your liablility for compensation payable by you since the management literally fail to address your concerns. No court can compell you to make payment in such a case. Try to record the threatings of your manager in cell and submit the same before any human rights commission for getting speedy redressal of your greviance if you so dersirous to do so.
On the other hand if they ask you to shift from your present place to any other place where you can not go and join, then you should make request to them by stating for security point of view you can not go and join in new place and ask them to accept your resignation.
I think you can find some solutions for your problem after going through the advice given by me as stated above. Try to settle your case amicalby with your higher bosses as soon as possible and should not make it as legal issue untill and unless it warrants.
Regards
NVRao
Hyderabad
From India, Hyderabad
before suggesting any relief measures I would have like to see the members ask Shweta the following Q's:
1) What kind of harrasment are you talking about? sexual or regarding work? if its sexual then I think you can raise the issue and get plenty of advice throughout this forum as it is not the first time that someone is pointing such a Question. And if it is work related then please clarify what do you deem to be as harrasment in work related aspects be like? Is it that your Manager has greater expectations and wants you to match those OR is it that he is simply conspiring to put you in poor light as the work is over and above your domain or something which cannot or need not be done vis-a-vis end result??
2) I think by now Everyone on Earth knows that Bonded labour is not allowed anywhere in the world where democracy exists. So terming the same is meaningless. Rather first look at the fact that the company has invested its time n efforts to train you to perform a task which no institution does and pays you for that too. What does the Company do when after being trained you simply jump to a double package by a competitor??? Are you willing to compensate the company in that case?? Regarding shifting of office, I guess all these things are discussed at the time of signing the Bond and not at the time of term in office. So if there is a clause in your bond it will hold else not. Personally I have seen not all but most of Trainees once trained giving frivilous excuses only to put resignation n join a competitor company later. Money still buys Greed till date.
From India, Mumbai
1) What kind of harrasment are you talking about? sexual or regarding work? if its sexual then I think you can raise the issue and get plenty of advice throughout this forum as it is not the first time that someone is pointing such a Question. And if it is work related then please clarify what do you deem to be as harrasment in work related aspects be like? Is it that your Manager has greater expectations and wants you to match those OR is it that he is simply conspiring to put you in poor light as the work is over and above your domain or something which cannot or need not be done vis-a-vis end result??
2) I think by now Everyone on Earth knows that Bonded labour is not allowed anywhere in the world where democracy exists. So terming the same is meaningless. Rather first look at the fact that the company has invested its time n efforts to train you to perform a task which no institution does and pays you for that too. What does the Company do when after being trained you simply jump to a double package by a competitor??? Are you willing to compensate the company in that case?? Regarding shifting of office, I guess all these things are discussed at the time of signing the Bond and not at the time of term in office. So if there is a clause in your bond it will hold else not. Personally I have seen not all but most of Trainees once trained giving frivilous excuses only to put resignation n join a competitor company later. Money still buys Greed till date.
From India, Mumbai
as mr nvraovskp said contact immediate the next superior for settle this issue ,best of luck
From India, Madras
From India, Madras
Hi,
Days are changed, we need to realize our selves. Wheter to continue or not? Good relation will always workout, some times it looks like time taking but, harresment word can be again convert into torture and mental, if it is true in your case then no where you have written about your colleagues opinion. Whether they are calm on harrasment or what? Any ways court and all is of no use its a time taking process, sit and solve the matter. If not take a leave for 15days and think you will get the best answer how to solve the issue.
No manager wants to spoil his own carrer, if is really doing as you said then esclate the matter to his superiors in good way.
Better try for other alternative.
Take care
Ashwin
Hyderabad
From India, Secunderabad
Days are changed, we need to realize our selves. Wheter to continue or not? Good relation will always workout, some times it looks like time taking but, harresment word can be again convert into torture and mental, if it is true in your case then no where you have written about your colleagues opinion. Whether they are calm on harrasment or what? Any ways court and all is of no use its a time taking process, sit and solve the matter. If not take a leave for 15days and think you will get the best answer how to solve the issue.
No manager wants to spoil his own carrer, if is really doing as you said then esclate the matter to his superiors in good way.
Better try for other alternative.
Take care
Ashwin
Hyderabad
From India, Secunderabad
This is very useful and informative, I would want to add to this, in my case while joining in my appointment letter its mentioned that if I leave within 1 year of joining then I have to pay 3 months salary. Does this case also come under Bonded Labour???
From India, Hubli
From India, Hubli
Dear Sweetavantika I agree with the suggestion given by Mr Rao. You must complain to his senior boss in writing so that you will be having proof. All the best & dont worry
From India, Pune
From India, Pune
I do not have more idea about Bond.but i know that one way bond never work..Eg...You have signed bond for which you have to pay money, in case you leave the company. Think if company get closed then will they pay you for one year or will they transfer your job to another company............
From India, Bangalore
From India, Bangalore
- A Bond is an agreement signed and executed between two parties, detailing responsibilities and liabilities of both parties, in certain events.
- A Bond is written and signed document and if you go thru it carefully you yourself will get answers to all your questions and queries.
- In case certain provisions of Bond are discriminatory and in favor of one particular party, bond will definitely not stand trial in Court of Law. But as suggested by many citehr members court process takes very long time. However, in this particular case, that time will have to be spent by employer.
- I do not think employee will have to pay anything to employer in case of termination. But I do not understand why employee is willing to accept stigma, insult and humiliation of termination.
- You are demeaning and insulting yourself by calling yourself a Bonded Labor.
- In first place you should give written complaint to management articulating so called harassments by your boss and wait for positive action. In case nothing happens you can take outside legal help, in case you feel it right.
From India, Pune
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