Octavious
Hr Manager
Psdhingra
Legal Analyst, Hrm
Kuljit Pal Singh
Legal Professional
Gunjan Sarojwal
Recruitments, T&d
+1 Other

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hi evry1 ...

I worked in a KPO for a month and due to certain unavoidable circumstances .
.(i.e. .. i had backlogs in my UG ... so i had 2 go abt wid exams and cudnt manage wid nite shifts ..) .... i had to quit the job..
......
at the time of joining / confirmation ( that is after training n stuff were over ..) i had signed a "service agreement bond" of 8 months and a bond break" compensation amount of 25K ....
....
Before quitting the job , i approached my TL/TM to discuss my situation , and i planned to do evrything officially and hav my hands clean.. I didnt want to abscond coz , i know dats un-ethical and i never intended to do it rather..
,,,,
but wen i approachd my TM .. and explained him my situation ...... 'He' frankly said dat ---- "its same for us if u go officially "or" abscond urself" ( in fact it was quite rude n :harsh .... im unable to put it thru text :mad:..)
... he was so rude .... and denied in giving me a formal quit / pink slip / resignation / relieving letter .. or watever ....:icon5:
.........
In fact .. i was ready to go ahead wid the proper official formalities ... but "they" denied me in giving a formal quit ... they intentionally forced me to "abscond " "officially" !!!!
.......................
They abruptly said dat there is no paperwork dat can be done ....... after dat they hit me wid words ...and blah..blah ...saying things like i wudnt hav recruited u : see hw much the floor is gonna be affectd by ppl like you ....!!! :icon7:
...........................
( fine ... i accept dat der r technicalities and work force shortage consequences.... but they ought hav given me a pink slip ..rt ??:mad:)
...........
Now i ve been literally "Made" to "Abscond" ...and im sitting @ home preparing for my exams and im also trying to do some networking courses .....fine ....
............................
Well ...now ive started recieving warning letters / notices / notices which say dat -- civil / criminal / action wil b taken against me .... they r also saying dat a police complaint mite b lodged ..........!!!!! IM frustrated ..( and worried rather ... coz it isnt my fault ...)
.......... the legal notice is yet 2 come .... i dont wanna pay d compensation coz it is deir fault to hav "forced" me to abscond ....!!!!!:icon7:
........
wat do i do ?????? wel ... im not gonna reply 4 deir irrelevant warnings / notices n stuff ......
wil der be really a police case lodged against me ????
wil der be any problem in applying 4 a passport ????
plz ...guide me .... im frustrated n upset by the "un-ethical" behaviour of my company's management which forces an emplyee to "abscond" , for its administrative convenience

From India, Madras
Dear Aircraft,

Before replying your message, I must advise you not to use SMS type language in your queries in forums like this, as you are not communicating through Short Message Service (SMS) of your mobile phone.

Anyway, I must advise you to buy mental peace by paying the bond amount of Rs. 25K to your employer. Irrespective of whether you voluntarily absconded or you were forced to abscond, but I am sure you do not have anything to prove your statement, if the case goes to a court of law.

You have not stated from which position holder of your company you are receiving warnings or notices? It is necessary to know whether he is authorised to issue such warning or notices or not. However, it may be made clear that you must treat the notices as legal notices from the company. It is not necesary that the legal notice should always be through an advocate only.

About your fear whether they could lodge a complaint to the police or could file a criminal case againt you, the company has the right to lodge a complaint to the police against its employee having absconded from duty without following the proper procedure of resignation. However, the company cannot file a criminal case against you just for absconding from duty, unless you have really committed any crime, as may be specified in the criminal Procedure Code, or the company falsely make allegation of theft, or if it is already provided so in the service agreement bond about breach of service conditions, etc. However, there is no possibility of inclusion of any such clause in the agreement.

As regards civil suit, the company enjoy full right to file a civil suit against you to claim the service bond amount, as you have already signed the agreement, which is fully valid, unless any clause of invalid nature is included in the agreement to treat that void. Not only that they can also claim the cost incurred on civil suit against you. In the case of civil suit you will be loser on several counts. For example:

1) Cost of the Civil suit besides the bond amount;

2) Mental peace, as you can remain constantly under pressure and tension about the outcome of the case;

3) Loss of concentration in preparing for your exams with the result not faring well in that exam;

4) Los of concentration in your proposed networking courses with the same result of not faring well; and

5) Time and money expected to be lost in attending the court case from time to time.

Now, you can just weigh the pros and cons of losing Rs.25,000 versus the loss you are likely to bear, as mentioned above and decide accordingly. You can adopt the course, whichever seems advantageous to you.

However, I must advise you to consult some advocate by showing him your agreement, warning letters and notices, so that he may be able to check any illegal action on the part of your employer. If he finds any unethical or illegal contents on the part of the company, in that case you would be free to sue the company for causing unnecessary mental harassment to you.

P S Dhingra

Vigilance & Change Management Consultant

From India, Delhi
Thank you sir ... I am starting off to proceed with what can be done legally . Initially I am up with getting ready with a proper resignation letter ( which I should have done before ..!!). I am going to approach the HR personnel at my office ( as stated in the notice ) and I will check with what can be done further.
...
I am extremely thankful to you reg. the guidance. I will stay posted and update my progress regarding this..

From India, Madras
Dear Friend,
In case of breach of bond both types of cases civil and criminal may lie, and both should be proved beyond the reasonable doubt.
What i suggest is to reply the notices appropriately and not give up so early to pay off bond amount...
Regards

From India, Vadodara
Do you have a bond done in Judicial Stamp paper or Company letter head any which it can speak up as valid legal document, but you dont have to be panic about it. Any bond / Agreement / MOU is tend to be broken. Just check the exit clause.
rather over reacting to the situation let them send reminders dont recieve any communication in writting from this company.101% no company has time to get into such petty things....DONT WORRY JUST FOCUS ON WHAT YOU ARE DOING, ALL THESE DRAMAS ARE BECOMMING VERY FAMILIAR DURING THIS IT REVLOUTION

From India, Madras
Hi Frnd,

go to any lawyer and show your bond. I am sure we all have some links in our social circle. Ask the lawyer whether your company can take a legal action or not. As far as I know its just a way to frighten the employees and extract money from them.

In most cases, companies do send reminders but ultimately end up doing nothing.Also the so called bond papers made on stamp papers are not meant for legal purposes.

My company sent many legal reminders from lawyers to people who left job abruptly, but it was of no use. It just spread a message in existing employees not to leave abruptly.Also these days, companies have 1-2 months notice periods and how can a person serve and wait for this much time if he looks for other job. So most people go for settlements.

Some people come in such nets and some dont.

Be wise, check whether your PF/ESI or salary is due with them.

If you are not at a very reputable organization or a fresher, dont worry.

Tell your new employer the situation you had faced.

Good luck and decide yourself.

From India, New Delhi
Dear Mr.aircraft,
As you have said approach the HR with resigation letter.Try to put everything in writing.Mention that you approached the HR earlier regarding this.Some companies do all this with the intention of getting money.Technicalities and work force shortage consequences are defintely an issue but when a employee wants to resign & ready to go officially.They cannot over react.Tell the HR firmly shouting is not the company policy let them check & tell what needs to be done officially.Paying the amount or not is something in the next stage.When they dont accept resingations at all is a concern to you.If you have higher ups send an email.Tell them the fact.Eventhough they are blind eye let it knock their senses.

From India, Madras
Hello,
Kindly go through the following link and then proceed further.
Regards
Octavious
https://www.citehr.com/39860-bonds-not-legal.html
https://www.citehr.com/39859-bond-bo...wers-here.html

From India, Mumbai
well .... I thank everyone above for your valuable advice and guidance ..

Recently I approached the HR personnel of my company again to do my dues/formalities and get relieved "officially" . They told me that .. since my name is in the "absconded" list , they are not in a position to accept my resignation. "The Database Status for such an employee is tagged "INACTIVE" " -- This is what they told me !!!! ..... well .. I highlited again that I dont wanna face legal consequences since I had to focus on my studies ( and this might be disturbing my mind like --"Whatz gonna happen ..").They said that If the "procees/project"( i.e. the floor guys ..) accept my resignation , They(the HR) can help me. So I was waiting for a couple of hours .. And later they came and told me that the project isnt ready to accept it at this stage ......!!!! .. so ..what could be my stand now ????? I mean .... I could leave it of as such right ??? because my instinct says neither are they gonna give me a proper "goodbye" ... nor are they gonna do something legal to me ( rather than doing some other utility solid work ..) ....
..................
Please comment on this and guide me further from this point ...

From India, Madras
Dear Friend,
My advise to u is to concentrate on your studies and let them do whatever they want. In a country like India "No body is condemned unheard", so u will always get a chance to explain your stand...

From India, Vadodara

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