Mahr
Head - Human Resources
Avinash-babbi1
Hrm & Legal
Chander_kmr02
Hr-executive & Hr-manager
Sabana_pmir
Hrd In Industry
Sridharafep
Engineer
Vkokamthankar
Asst. General Manager - Hr
Vivaek
Hr Manager
Gerry303
Management Consultant
Pritha Pandey
Trainings
Anksdesire
Technical Support
Amitkbasu
Industrial Relations
+10 Others

Thread Started by #annu.mlh

Hi All,
I have joined a company based in Noida, i have signed a bond for 1 yr and they have taken a cheque of 2lac rupees to them with zero balance account..Its just being few days in that company and i have realized that its gonna be very tough for me to work there...as i feel that hell lot of exploirtation is there and i am not able to explore my skills there..Though office timings are 9 to 6 but i have to stay uptill 10 also
Please suggets how can i move from this company...
20th June 2010 From India, Delhi
Annu according to law u hv sign a contract for a year, n of nw what u can do is jst give in writing all the problems u face thr to ur HR....
and aft a month or so giv a letter to stating all the problms informed nt sattled on tht ground u cannot work keep all the copys of letter wit u....
20th June 2010 From India, Mumbai
Hi Shripad,
Thanks for your suggestion...But i dont wana go there now..I have given 2 weeks and on daily basis iam being underestimated and demoralized..I cant work in such atmosphere...Please suggest some way in which i can make a move from here and no lega action is taken against me..
20th June 2010 From India, Delhi
hi annu,
I deeply empathise with your situation.
First,executing the bond by an organisation is termed as legal as long as the employer is fair.
If the bond is meant to exploit the employee,then you can challenge the bond in court with the pertext that the employer pressurised you to sign the bond in lurement of a job.Now,the employer is exploiting you for his gains.
As a support,you need to take print outs of all the scenarios which you shared with HR(formally/informally) to ensure there is a support of your case.
As such,bond is just a piece of paper to scare the employees.You can terminate the bond anytime while giving a leagal notice to the employer by filing case of exploitation/harrassment.
Please consult a lawyer,if you wish to do so.
Cheers:-)
Ash
21st June 2010 From United States, Atlanta
Hello, Please refer ur appointment letters condition and take guidance of any labour laws lawyer.
21st June 2010 From India, Surat
Learn what is possible there / be patient and escape! - don't just look at the clock to run from u r work, if u r in a position where it requires stretching work time!
Understand this could be a test on you to check your attitude!
21st June 2010
  • Please go thru the terms mentioned in Bond signed by you and your letter of appointment and you will know the consequences, in case you resign.
  • Bond will not stand the scrutiny of Legal System and Court, in case the terms of the bond are discriminatory to employee and only favoring employer.
  • You can also find out from the history of the company, regarding similar past cases. Has company ever made use of security cheque and what has been response after bouncing of cheque.
  • In case, bond signed by you is perfect from legal point of view, and you decide to quit then you will have to follow terms of the bond. So find out Legal, Technical validity of bond and then decide about leaving or any other action.
Thanks & Regards

21st June 2010 From India, Pune
Dear,
If you quit they will go for legal action,the best thing u can do is to tell them u cant work more than 6:oo pm,just frustate ur boss & employer until they ask to leave u or to give resignation.The bond is vice-versa if you work poorly they cant take you out.so if u dont want to work with them create problem for them,until they ask u the resignation.
21st June 2010 From India, Bhopal
Be on time and leave at 6. Dont work extra, tell them clearly this is not part of my job. They themself will make way for you.
21st June 2010 From United States, Bloomfield
Dear annu.mlh,
Lemme first ask you whether you are sure about the next employer you are gonna work with. Again what makes you think that the work is not proficient? Work hours in any company would be more and not a frame based one. You yourself told that you are a very new employee to that organization.
It takes a little while to get along with in any organization for any employee. Do state some specific reason for a valuable feedback.
21st June 2010 From India, Bangalore
yes breaking bond is illegal but people do and face the consequences. As you know any counrt in India will take years to settle the issue by that time you must have grown up to new heights and even the court award against you nothing to worry. Your new employment must b much much better placed and instead of continuing with a job which is not giving you any challenges it is better to take a calculated risk. Before signing a bond and issuing a blank cheque always think ten times and consult your seniors. Sitting late is common now in industrial scenario but if it is a job which you did not like and will not give you challenges there is no point in wasting your energy. Look for your cup of tea!!!
22nd June 2010 From India, Ahmadabad
Do you have a photocopy of the cheque you gave to the organization? To the best of my knowledge, an undated cheque cannot be invoked by the organization ! Please cheque the correct position on this with your lawyer. Unless the organization initiates your separation, you would certainly lay yourself open to legal action, at least civil if not criminal. You would probably win in the end, but would have to face the nuisance in the meanwhile.
Since many of the suggestions given to you, though practical, are not very professional, I would not like to comment on them. All I can say is, create a situation in which the organization prefers you leave rather than you taking the action of separating. (Falling ill and remaining absent every now and then is a fairly good reason).
Gerry303
22nd June 2010 From India, New Delhi
Hi,
As mentioned above -
1. Please check the terms of Employment in your appointment letter and Bond.
2. Consult a lawyer and take his advice - be legally correct
3. Learn from your mistakes and do a background check on the company you are joining.
Regards
SF
22nd June 2010 From India, Mumbai
Wow,
"All I can say is, create a situation in which the organization prefers you leave rather than you taking the action of separating. (Falling ill and remaining absent every now and then is a fairly good reason)."
sounds very very professional.
Thanks & Regards

22nd June 2010 From India, Pune
Yes true.You should not take hasty decision.Anywhere you work you will have + & - ves.So take little more time.
I would sujjest that while you are there just inform HR that these are your concerns and see the responses.Keep all communications in writing.
22nd June 2010 From India, New Delhi
Close the bank account and simply resign the job and leave the company by stating that Medically I am not feeling well. Then they can’t do any thing upon u.
22nd June 2010 From India, Mumbai
Hi Annu,
This is very critical position for u and iam total agree with Harshil & Benedict. Annu have check appointment letter see the terms & conditions and u have meet with HR-Deptt & Employer to present the current situation in written or verbally.
In future do not sign any bond without reading the terms & conditions.
thanks,
Chander
HR-Exec.
Mail:chander_kmr02@rediffmail.com
22nd June 2010 From India, New Delhi
Hello dude,
just get that cheque canceled from your respective Bank. I am sure you have that cheque reference with you.
Afterwards you need to search a job and you need not show this company as your previous employer.
Here it can be two cases. If you show this as your present employer than your next employer will need its relieving letter. You can strike a deal with them if they are willing to buy it out. Or tell them the exact situation and switch on minimum hike. And of possible try to convince the HR to get you a offer of back date(it is tough to get but many companies do that with a nominal bond of 6 months).
And if you dont show this experience to be counted, than you need to justify your gray tenure. (you just cannot say that you were job less!)
Thanks and Regards
Ankit Gupta

22nd June 2010 From United Kingdom, Warrington
Dear Sir,
Bonded labour is not permitted under Indian Law and any act by the employer will deemed to be considered as an offence under Bonded Labour Act. It is only training bond, where employer has got right to excercise power and can compel the employee to serve minimum tenure with them as agreed upon or else to pay an amount equivalent to the training cost incurred by them. This training bond contract is enforceable in the court of law and all such amount is recoverable from the employee if terms & conditions previously agreed upon are not complied with by the employee.
From your querry , it does not look like a training bond, so nothing to worry off , you may dis-continue at your own accord. If the employers ask for any recovery get it documented and ask them to send it through RPAD. On receipt of any such document , you may file a legal suit stating that employer is coercing to work under shelter of bonded labour act.
Regards,
AS
22nd June 2010 From India, Rohtak
my dear,
do not worry. No company can keep you under bond as it violates bonded labour act. I remember, just check it ; such case was dismissed at Chandigarh high court few years back. Go tho your appointment letter and the date you mentioned in the cheque (i don't think date was there). Any progress on that, then contact me.
wish you all the best.
Mano
22nd June 2010 From India, Madras
Hi Annu,
I've a different perspective by the way. Asking you to stretch your time beyond the affordability is wrong, still, if you're provided with an opportunity to learn new things and take some challenging tasks, you can increase your stress tolerance level. If no track of growth, kindly consult a labor lawyer for assistance, or wait for a situation so that you can express directly to your boss about your stand point and you can quit with clean hands.
Thanks and Regards,
Vivek.
22nd June 2010 From India, New Delhi
Hi there:
This appears to be a one -sided bond and, therefore, will not have validity in a court of law. However, if you want to leave, they will forfeit your money and getting it back will be a long drawn out legal process. Perhaps, what you could do is to bear it out for a year and then resign once they have returned the money to you. Meanwhile, try to leave by 6.00Pm saying you have an ailing mother or mother - in - law.
23rd June 2010 From India, Delhi
Hi, If i’l give medical reasons and apply for leaves, den also can dey put case on me and can they claim for the cheque that i hav given?Please suggest
23rd June 2010 From India, Delhi
Hi Avinash,
Iam in to Recruitments Profile...No training is being provided to me,its a software company and said that CMMI Trainings will be provided to candidates..but being in to hr profile its of no use to me...Moreover, no training is provided as of now to me...
I was thinking to apply for leaves based on medical grounds...
Now i want to know is can den also dey put any case on me ?and can dey claim for that undated cheque from me?
23rd June 2010 From India, Delhi
Reference to 'Bonded Labour Act' is out of context here. I am not sure whether such statute exists at all? and if in case it exists, it is applicable to Agricultural Labour and not to IT Industry.
23rd June 2010 From India, Pune
Reference to 'Bonded Labour Act' is out of context here. I am not sure whether such statute exists at all? and if in case it exists, it is applicable to Agricultural Labour and not to IT Industry.
23rd June 2010 From India, Pune
i am not sure regarding the breaking bond, but i have to knew from one of my senior that,
if the employer may break the bond is there no issues.
if you are going to break means, you have to pay the labour cost on the agreement years to the company.
for example, your salary level is 15k per month means, you will have to pay 12 (remaining month salary)*15k(current salary)12*15k.
i am not sure about that, so kindly confirm it and send me mail also(skarpkrishna@gmail.com).
thanks &regards
Balakrishnan
21st July 2010 From India, Bangalore
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