Dear Sir/ Madam
I am working with a PVT LTD company. I have signed a bond with the company for 5 years. After working for 1 and 1/2 year I am not finding it suitable to work for this company because of mental pressure and some sickness.
I had been sent to USA for training against which I have signed a bond.
I wanted to know can I break the service bond in between.
Please provide me the necessary information.
From India, Nagpur
I am working with a PVT LTD company. I have signed a bond with the company for 5 years. After working for 1 and 1/2 year I am not finding it suitable to work for this company because of mental pressure and some sickness.
I had been sent to USA for training against which I have signed a bond.
I wanted to know can I break the service bond in between.
Please provide me the necessary information.
From India, Nagpur
Hello,
No, you cannot BREAK the bond without consequences!
Ethically, you should NOT BREAK the bond!
It is either the employer's kind nature that you may be released from the bond obligations without consequences or you have to fulfill covenents agreed by you inthe bond if you desire to get released from bond obligations.
The only other alternative is to take a CHANCE! Do what you wish to and hope that there would be no consequences or face the consequences!
But if you need advice/sugestions to justify unethical/illegal conduct, I may find it difficult to offer any!
In any case, I state that unless you inform the bond conditionalities, my advice/siggestions are likely to be out of cocus and may not really help!
I hope you get the perspective.
Regards
samvedan
November 6, 2011
--------------------
From India, Pune
315No, you cannot BREAK the bond without consequences!
Ethically, you should NOT BREAK the bond!
It is either the employer's kind nature that you may be released from the bond obligations without consequences or you have to fulfill covenents agreed by you inthe bond if you desire to get released from bond obligations.
The only other alternative is to take a CHANCE! Do what you wish to and hope that there would be no consequences or face the consequences!
But if you need advice/sugestions to justify unethical/illegal conduct, I may find it difficult to offer any!
In any case, I state that unless you inform the bond conditionalities, my advice/siggestions are likely to be out of cocus and may not really help!
I hope you get the perspective.
Regards
samvedan
November 6, 2011
--------------------
From India, Pune
Dear Sir Thanks for your valuable information. I would like to inform you that it is a one sided bond. There is nothing written in favour of employee.. Is it applicable as per indian constitution??
From India, Nagpur
From India, Nagpur
Hello,
You may win in a court of law, if the company proceeds against you, but kindly reckon with following contingencies:
1) Just as you wi, you cold lose also-at least theoretically.
2) The present employer, especially if he loses may blacklist you reaching even upto your new employers and remember that no one likes an employee contesting the employer. (Call it the corporate EGO, but ultimately you may be the loser in the game even after winningthe case!)
3) Notwithstanding these two factors, to me, personally and professionally I will fall in my own eyes as I will be going back on the word I gave to an employer in good faith. The view that I am adopting now could well have been taken when I joind the present employer! I could have got the bond checked before I signed it and ifthe employer refused to provide me with a draft, I would decline joining such an employer where there is evident lack of transparency!
In the ultimate analysis you are in charge of your life, career and arebound to face the consequences of the decisions you make along the way!
As a professional, I would still suggest that you either wait out the bonded period OR pay up and keep your record CLEAN!
As you go on in life, you will learn that often your reputation travels faster than you do and it reaches any lace before you do! Think about it please.
Regards
samvedan
November 6, 2011-------------------
From India, Pune
You may win in a court of law, if the company proceeds against you, but kindly reckon with following contingencies:
1) Just as you wi, you cold lose also-at least theoretically.
2) The present employer, especially if he loses may blacklist you reaching even upto your new employers and remember that no one likes an employee contesting the employer. (Call it the corporate EGO, but ultimately you may be the loser in the game even after winningthe case!)
3) Notwithstanding these two factors, to me, personally and professionally I will fall in my own eyes as I will be going back on the word I gave to an employer in good faith. The view that I am adopting now could well have been taken when I joind the present employer! I could have got the bond checked before I signed it and ifthe employer refused to provide me with a draft, I would decline joining such an employer where there is evident lack of transparency!
In the ultimate analysis you are in charge of your life, career and arebound to face the consequences of the decisions you make along the way!
As a professional, I would still suggest that you either wait out the bonded period OR pay up and keep your record CLEAN!
As you go on in life, you will learn that often your reputation travels faster than you do and it reaches any lace before you do! Think about it please.
Regards
samvedan
November 6, 2011-------------------
From India, Pune
Hello,
I have got an interview call from one company and I have told all the circumstances to them. They have no issue in the case. And yes everyone wants to keep the record clean but not at the cost of his life damage. what will I do if I fall ill with the mental pressures and there is no guaranty of job security. What if he says I m throwing you out from my company for no reason. I do not have the proof to fight, so was getting the suggestion. and yes regarding period, its a huge time alm,ost 4 years, if anything happens to me, will my employer take care of my family??? Sir we do not know the internal issues of company while joining but we come to know after being in the company. So please suggest me some ways to get out of the company.
Thanks
From India, Nagpur
I have got an interview call from one company and I have told all the circumstances to them. They have no issue in the case. And yes everyone wants to keep the record clean but not at the cost of his life damage. what will I do if I fall ill with the mental pressures and there is no guaranty of job security. What if he says I m throwing you out from my company for no reason. I do not have the proof to fight, so was getting the suggestion. and yes regarding period, its a huge time alm,ost 4 years, if anything happens to me, will my employer take care of my family??? Sir we do not know the internal issues of company while joining but we come to know after being in the company. So please suggest me some ways to get out of the company.
Thanks
From India, Nagpur
Hello,
I sympathise with you.
I have however no further advice.
Your mail seems to be your justification for your decision.
I do not need one as I am NOT and cannot sit in judgement.
I have outlined all options and alternatives within my limits.
I can only wish you good luck in whatever decision you make!!!
Regards
samvedan
November 7, 2011
---------------------------
From India, Pune
I sympathise with you.
I have however no further advice.
Your mail seems to be your justification for your decision.
I do not need one as I am NOT and cannot sit in judgement.
I have outlined all options and alternatives within my limits.
I can only wish you good luck in whatever decision you make!!!
Regards
samvedan
November 7, 2011
---------------------------
From India, Pune
Hi Vicky,
First of all bonds are illegal in India and hence an employer cannot file a case against you. They can only send you some threatening letters which you may get scared about but eventually will have to throw in your dustbin.
I agree that you should have thought before signing a five year bond but if you are mentally harassed there is no way you would be able to continue for the next 4 years.
Check if you can get a transfer to a department in the same company where you will see better growth or talk to your HR.Try to figure out what exactly is the problem - supervisor, company, hectic work life balance etc...
Try to handle the situation in such a way that its a win-win for both of you.No matter what, if you are blacklisted in a company as an abscondee, there could be chances that your background verification in your forthcoming companies comes out to be "Red".
Remember you also have to think - what if the company you are heading to is also not worth being around? Will your future employers accept the fact that you were an abscondee in this company.
If the above doesn't work and if you have made up your mind to resign just send a resignation email from your official ID to your supervisor and HR and mark a cc to your personal ID. Keep your last three months salary slips with you. If possible take a bonafide letter from your employer which will state your period of employment.
Its always a risk to abscond...but better than being harrassed in your current company...All the best....
From India, Thana
First of all bonds are illegal in India and hence an employer cannot file a case against you. They can only send you some threatening letters which you may get scared about but eventually will have to throw in your dustbin.
I agree that you should have thought before signing a five year bond but if you are mentally harassed there is no way you would be able to continue for the next 4 years.
Check if you can get a transfer to a department in the same company where you will see better growth or talk to your HR.Try to figure out what exactly is the problem - supervisor, company, hectic work life balance etc...
Try to handle the situation in such a way that its a win-win for both of you.No matter what, if you are blacklisted in a company as an abscondee, there could be chances that your background verification in your forthcoming companies comes out to be "Red".
Remember you also have to think - what if the company you are heading to is also not worth being around? Will your future employers accept the fact that you were an abscondee in this company.
If the above doesn't work and if you have made up your mind to resign just send a resignation email from your official ID to your supervisor and HR and mark a cc to your personal ID. Keep your last three months salary slips with you. If possible take a bonafide letter from your employer which will state your period of employment.
Its always a risk to abscond...but better than being harrassed in your current company...All the best....
From India, Thana
Hello,
I have completed my Post Graduate and joined in a PVT Ltd company as PGET for 1 year, while joining i have asked for any service bond to be sign, but they verberlly told no service bond, we are believe in employee, even in appointment order there is no clause regarding "service bond" but in a appointment order it as mentioned that "company policy will change time to time". After completion of 1 year training till 2 months i didnt get any training completion certificate or confirmation letter but the end of the 2nd month HR called me and said your confirmation letter is ready but you need to sign in 1 year bond as per new company policy which has revised 3 month before of my completion of training. They given me a draft copy of service bond, which is a value of 1Lakhs, the value of the bond incurred pre testing screening, interview, training, faculty charges, travel related training and also mentioned other expenditure which cannot be mentioned. Actually my company is a manufacturing sector, they didnt given any formal traning. I have asked they the break up of this 1 lakhs and the revisied company policy but they didnt disclose, even in bond they didnt mentioned the revised company policy doc. no and date i have aked them to mention it they are doing it. They blocked my salary without any prior notification. Kindly give me a suggestion how to handle this situation.
From India, Bangalore
I have completed my Post Graduate and joined in a PVT Ltd company as PGET for 1 year, while joining i have asked for any service bond to be sign, but they verberlly told no service bond, we are believe in employee, even in appointment order there is no clause regarding "service bond" but in a appointment order it as mentioned that "company policy will change time to time". After completion of 1 year training till 2 months i didnt get any training completion certificate or confirmation letter but the end of the 2nd month HR called me and said your confirmation letter is ready but you need to sign in 1 year bond as per new company policy which has revised 3 month before of my completion of training. They given me a draft copy of service bond, which is a value of 1Lakhs, the value of the bond incurred pre testing screening, interview, training, faculty charges, travel related training and also mentioned other expenditure which cannot be mentioned. Actually my company is a manufacturing sector, they didnt given any formal traning. I have asked they the break up of this 1 lakhs and the revisied company policy but they didnt disclose, even in bond they didnt mentioned the revised company policy doc. no and date i have aked them to mention it they are doing it. They blocked my salary without any prior notification. Kindly give me a suggestion how to handle this situation.
From India, Bangalore
You have two options:
1) If you feel the company is good enough to stick around for a year dont think too much and just sign the bond
2) Always remember, no company can take a legal action against you and force you to pay Rs. 100000 if you break the bond and leave the company. It is against labour laws to bind employees with any bond, however they will not issue you a reliving/experience letter.
3) If you are admanent on not signing the bond just tell them you are not ok with the same and you will approach the labour department and make some noise. Are more employees facing the same issue? you can then form a group and fight back.However the company may just terminate you and you risk losing your job.
From India, Thana
1) If you feel the company is good enough to stick around for a year dont think too much and just sign the bond
2) Always remember, no company can take a legal action against you and force you to pay Rs. 100000 if you break the bond and leave the company. It is against labour laws to bind employees with any bond, however they will not issue you a reliving/experience letter.
3) If you are admanent on not signing the bond just tell them you are not ok with the same and you will approach the labour department and make some noise. Are more employees facing the same issue? you can then form a group and fight back.However the company may just terminate you and you risk losing your job.
From India, Thana
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