Labour Laws, H R Management
Labour Law,organisational Development
Hr Manager
+1 Other

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i need help regarding breaking the bond.i signed up a long term bond with my employer.But now i realized that i made a big mistake.Bcoz salary level is very low compare to other industry(only 35% compared to other industry).Also if we ask any thing about salary issue, they will reduce the salary without notice(one employee suffered by last month).Career development is also very poor in this company.
So i planned to break the bond.i know i cant get relieving order from them.i have been working for them for 2.5 years.i am confused.:( :(.can anyone help me in this issue.now i am mentally depressed. so plz give me some idea to move other company without relieving order without legal problem...plz let me know if you want any other information.I am waiting...
Thank you
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Hi, You have not mentioned your Current Industry,Your Position, Department and location . Regards Tribikram
Hi Tribikram
i am working as a programmer , having 2 yrs of experience in java, j2EE and living in Chennai. My company is a Chennai based software company having operations in japan, Singapore, London.I am certified in native Japanese language.
thank you Tribikram.post reply if you have any idea regarding this issue.

Go to the top person in the company and speak to him with reasons for you to leave the company and the opportunity you are getting in very positive way. Speak to them in the evening hours not in the first (morning) hours, preferably. First, keep from your mind that you are doing some mistake. Any person cannot leave an opportunity which is better than existing one. As well, you are allowing them to retain you. And ask them to allow you to leave if they unable to provide the opportunity in terms of position and compensation. At the same time, if they allow simply leave and express your inability to pay the bond amount etc., if they insist. These things you should speak to top people only not with any superiors, they mess up the situation and try to play on these tactics.

One thing, your superiors should not know that you are meeting the top people. Because top people once they take decision, they stand on it due to their position or ego whatever may be and thier capabilities and thinking is beyond an ordinary superior or so called 'managers'.

Hi .. there wont be any legal issues if u break down the bond...but make sure that u have received all u r original documents, if deposited there at the time of joining..one more suggestion is since u r still working with them..it will be easy to u to get a job .. as u have company ID...keep u r resume in portals..hide few details ....best of luck
Hi there, It is important for you to know that bonds are actually not legal in India, hence you are not bound to keep the bond. Good luck with finding a better opportunity!
You have not mentioned the terms and conditions of your bond. Nor you have mentioned about the liquidated damages which you will be obligated to pay in case you breach the bond.
I will suggest you meeting a good labour law practitioner / service matters counsel and discuss your case with him.
Best of Luck

Don't worry Go ahead, First talk to management share your problem. If still they could not satisfy you, any time you can leave any organisation and join any orgaisation. Just go thru below mention -

We can not restrain our employee to join the competitor. The freedom of changing employment for improving service conditions is vital and important right of an employee which cannot be restricted or curtailed.

The negative covenant clause in the service and employment contracts cannot be used against an employee. No restraint can be imposed on any employee that after he has left the job or he has been terminated as it goes against the very grains of section 27 of the Contract Act.

In a case , the Delhi High Court has to clarify that such contracts are unenforceable, void and against the public policy. In fact, what is prohibited by law cannot be permitted by courts. The employer, a bank, in the grab of confidentiality, cannot be allowed to perpetuate forced employment on an employee with it on the ground that he or she had access to and possessed confidential information and the business data during the course of employment and his or her joining another employer will cause and such the court has rightly rejected Bank's application by holding that neither there is a prima facie case built up by the Bank nor established any balance of convenience or irreparable injury to justify the grant of injunction against the employee in quitting the employment.

Have a good day!!

Read the below links. No bond is valid in India.
I can give you 40 such judgments.
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