Kamalkantps
Advocate
Fabcityhr
Hr & Ir
Ankita1001
Sr. Hr Executive @ Polymerupdate
Hr@eliteinfoworld.com
Assistant Manager Hr
+4 Others

I have joined a MNC company as Graduate Engineer Trainee in Fresher.
i have signned a bond of 3 yr. i have submited all original marksheet only(not certificates).
And also i have submitted 2 lakh rupees cheque in name of company.
i am in probation perios of 1 year which will complete in next 1 month.
Now i dont like that type of work. so i want to leave company.
what should i do as of now ? please guide me.
24th April 2013 From India, Bangalore
Hi Pramod,
Please include the details of the bond that you've signed to understand the implications on the breaking of the bond.
As far as how to initiate separation,
1. First search for suitable job
2. Once you get a confirmation from the new employer, put your papers down
3. As per the separation policy of your company, serve the due notice period.
4. According to the clauses in you bond we can decide how much would you be liable to pay.
5. You have no option of absconding as you have your original marksheet with the employer. (Just to inform you no employer can ask for your originals to be deposited as security. Please make a note of it for future reference.)
24th April 2013 From India, Mumbai
You should not have signed this bond.Having signed that you have to abide by that. Varghese Mathew 9961266966
24th April 2013 From India, Thiruvananthapuram
Other options could be:
1. if you have a new job you can speak to the new employer on buying your bond and state your current employer of your intentions of moving out.
2. you can speak to the HR and ask to pay out ( if you can) and exit
It is not advisable to deposit original documents ever. Please be mindful of that.
25th April 2013 From United States, San Diego
Dear Pramod,
Let me tell you the legal position regarding your query. For this i need to know one thing whether they have given you any type of training to groom your skills which could have cost them sgnificantly or not.
If no training has been given or the training given is mearly a eyewash then do the following.
1. Lodge FIR with Police immediately : Keeping somebodys documents in his own custody by coercion is a criminal offence and also against the Law as it may also be termed as forced labour which is again a criminal offence and punishable by fine or Jail term or both. You can get them arrested for this offence and can help others also.
2. Do not worry and do the stop payment of the cheque given to them.
Please understand that you are under no obligation to to serve them. However it is subjected to your being not given proper training in lieu of the service bond.
Please do answer as to my query related to bond. Only then we will be able to opine you correctly.
25th April 2013 From India, New Delhi
I endorse views expressed by Tyagi.
Such bonds do not stand the scrutiny before law.
Freedom of employment cannot be restricted by any person / organization.
Ofcourse, if your had company spent any amount towards training, they have right to claim those expenses.
There are several case laws where courts had upheld the right of the employee in such occassions.
Please go ahead and search a new job and serve the notice for quitting the job and serve the notice period only.
Ask formark sheets originals and if not handed over, file complaint in Police statio having its jurisdiction of company limits.
Haragopal
GM-HR
Solar Semiconductor Pvt Ltd.
Hyderabad
25th April 2013 From India, Hyderabad
Hi Pramod,
First of all, I would like to suggest you to talk with your HR Manager about hurdles and problems you are facing and which are those things that make you dissatisfied. You will have to try once before you make any decision.
You have signed a bond, that too of Rs.2 lakhs which is not a small amount. Also, as you have signed a bond, they are having all the legal proofs that you are aware of the procedures and abide with law, terms and conditions mentioned as a bond.
So it will be better for you and as well as for a company to re-negotiate things rather to enter into a legal procedures.
25th April 2013 From India, Pune
Dear Friend,
For your information no procedure or company policy is above law. The act or policy or the procedure or document which is in contravention of any Law becomes Void ab initio which means it will be treated as if it was not there from the begining itself. At times such documents are punishable by penal provisions also. Being an Advocate i know and can affirm that this is undoubtly illegal. Pramod has nothing to fear but only if he has not received any training which is significant enough for the management to claim 2 lack rupees.
However still keeping the marksheets in original is an offence which has no escape.
25th April 2013 From India, New Delhi
Hi Prod,
Am sure there's a way out of the bond. You may need to seek the service of a solicitor to carefully study the bond you signed and see if there's condition(s) for separation. Otherwise, your country labor law will have to be applied.
26th April 2013 From Nigeria, Lagos
All said are correct in their own rights.But getting original mark list through court will take years. Varghese Mathew 9961266966
26th April 2013 From India, Thiruvananthapuram
Sorry Mr. Mathew,
I beg to differ here. All he need to lodge an FIR and the police will take the custody of the Mark sheets. Once they take the custody the mark sheets can be taken back by him by filing an application of Superdari before court. Even in the slowest places and luck not on your side, it takes maximum a weeks time for that only.
27th April 2013 From India, New Delhi
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