Partner - Risk Management
Head - Human Resources
Job Seeker HQ
Ritesh Shah - Owner @ Job Seeker Hq
Sr. Executive Hr
If you do not need relieving letter and other things, do not go to office and if you get a call do not recieve, nothing happens. It would be risky but effective way to get rid of such problems.
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25th August 2013 From India, Mumbai
We have a bond in MNC and so many people ran away during the bond. Nothing hapenned
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25th August 2013 From India, Mumbai
As per Law "bonded labour" is illegal, however if you have signed a service agreement (commonly termed as a bond) to serve in the Co. for 2 years then you need to check the following:
Did the Co. provide any kind of specialized knowledge / training to you for which you had to sign the bond? if yes, then bond is valid.
Did the Co. invest significant amount of money for providing any specialized knowledge / training to you? If yes, then bond is valid.
Did the Co. incur cost to send you abroad to transition a business/process to India? If yes, then bond is valid.
Even if the bond is valid, you can still resign, pay the penalty for breaking the bond and get relieved.
If the Co. did not incur significant cost or provide any specialized skills or add significant value to your knowledge/skills and have simply got the bond signed to curtail their attrition / business impact then the bond is not legally enforceable.
Hope this helps.
26th August 2013 From India, Pune
As per fundamental right, corporate governance and labor law you are not bound to work in any organization ,even if you have signed a bond of any consent.
You have mentioned that environment is not good for work, so in this concern you can suit against the company culture, behavior,and threat of signed bond and company have to pay compensation as well as your FnF without any deduction.
26th August 2013 From India, Delhi
Vineet, first, as Ritesh Shah says, you need to give us details of the bond and the circumstances.
If you do not give full information, then you will get half baked answers which will lead you on the wrong path.
1. What is the wording of the bond ?
2. Have they provided you with any training
3. If so, what is the cost of the training ?
4. What is the exit clause in the agreement ? How much is the amount payable ?
5. What have you been doing in the last 2 months, what is your designation
The reply as to whether you are legally allowed to leave without completing your tenure and whether the company can successfully file a legal case against you in court will depend on that. Whether the company will or will not file a case, I or anyone in the forum will not be able to say. It depends on how important you are , what attitude they have towards people not completing the bond and whether they wish to make an example of you.
27th August 2013 From India, Mumbai
27th August 2013 From India, Ambala
First of all there were lot of discussions which happened in this site on the same situation. Please use the search tab as you will get a fair idea after reading through those. Again like Saswata said, did your company invested directly or indirectly on you? Yes, bonded labour is not legal in India, unless the company has invested on him/her.
Secondly, are you a fresher or do you hold any experience in which ever field you are working? Generally people who leave the company in 2 months, will not show that company's details in their CV or reveal the same to the next employer. In most cases the employee absconds. Let us more details so that we can throw some light on the situation.
29th July 2016 From India, Bangalore
1. As per section 27 of the Contract Act, 1872, any agreement in restraint of trade or profession is void. Therefore, any terms and conditions of the agreement which directly or indirectly either compels the employee to serve the employer or restrict them from joining competitor or other employer is not valid under the law.
2. The employee, by signing a contract of employment, does not sign a bond of slavery and, therefore, the employee always has the right to resign the employment even if he has agreed to serve the employer for specific time period.
3. However if any clause inserted for recovery of cost for training the employee at abroad , or any cost invested in specific training may be recovered from the employee. ( SC also given some judgments favoring to collect the actual expenses accrued irrespective of the agreed amount.) (Sicpa India Limited v Shri Manas Pratim Deb)
4. Nobody can hold you if you are willing to join another company provided proper notice should be given as per the company policy/standing order/agreement .
5. As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.
6. The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer. The court also has stated that the employer cannot hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same.
29th July 2016 From India, Coimbatore