Madhu.T.K
Industrial Relations And Labour Laws
Nashbramhall
Learning & Teaching Fellow (retired)
Malikjs
Gm (hr)
+2 Others

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Hi Sir,
My name is Sridhar I am 1year 10 months experienced.I have been facing a severe problem mentally.I am working in a software company when joining i have signed a bond for 2 years an submitted original certificates..Presently i got opportunity in a very Nice CMMI LEVEL 5 company which is golden opportunity to me.They want me to join me on 23 May but when i asked HR of my present company they are telling you cant get releived in bond period..I requested them as i have pending 2 months to complete the bond but no use they are asking 2lks for bond breakage.Please tell me the solution for my problem..Any way i want to join in new company how is it possible.Please help me!!!!!!!!!!!!!!

From United States, Cambridge
Dear
In my view these contracts are/bonds/agreements are not valid in India.Why There was a bond arew you send on foreign trip to get some specific training and employer has spend some money on your training.indian contract act ssection 27 says that"Every Agreement By which
anyone is restrained from execersing a lawful profession,trade or business of any kind is to that extent void'
Secondly,regarding holding of your original documents is a criminal offence for which you can file a FIR against your owner ,if you have proof because holding somebody documents with dishonest intention is crimiunal offence.
please go through my attachment also

From India, Delhi

Attached Files
File Type: pdf Negative Covenant in Contract of Employment-1.pdf (108.5 KB, 94 views)

Sir,
Can you please suggest me what to do!!! shall i inform this to new employer and join without relieving letter as i have little time in my hand!!!!!!!!I am requesting HR persons here but no use!!!
pls suggest
thanks
sridhar..

From United States, Cambridge
Sir,
I am working for less pay of 2.25lks and i didnt attend any trainings!!!! they didn't invest single penny on me..As i worked day and night they even didnt give proper hike!!!!!!!!!!!!
thanks
sridhar

From United States, Cambridge
I would just say that dont join without relieving. In long term, this can impact you. If you could have joined this company few months back, then you can skip showing this company i your resume later on and can join without relieving. Just talk to your HR and let them know your case.
From India, New Delhi
Sir, present employer asking me 2lks for bond breakage!!!!!! I cannot afford that and i am not able to loose the opportunity in hand...pls tell me the solution thanks sridhar
From United States, Cambridge
Dear
you have to decide yourself about joining.Please ask him peacefully about your documents otherwise you can threaten also because it is illegal.secondly if your employer is not asking experience certificate than join new company and later on you can take experience letter from
existing company.basically these software company are like that only and they donot follow the law of the land.

From India, Delhi
Sir,
I will ask present employer peacefully and if doesn't hear i will explain the condition to the new employer regarding that!!!! But i dont know how to explain to the new employer regarding this...Can you please let me knw Sir
thanks
Sridhar

From United States, Cambridge
Dear Sridhar,
Please go through the discussions at https://www.citehr.com/30808-bond-legal-india.html
Does your would be employer know about your present job? If so, inform them of the situation that you are facing, if you have not done so yet.
As others have opined many firms impose unfair contracts and threaten people who want to leave.

From United Kingdom
If you have not then you need to tell them, now. Did they not ask you where you were working?
From United Kingdom

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