SPKR
Consultant In Education, Real Estate, Home
Sourav.rubi@gmail.com
Hr , Ir , Complainces
Shah01ankita
Talent Acquisition / Consultant - Catalis
Samvedan
Consultancy_hr & Ir
+1 Other

I was selected as Junior software engineer in Prakash Software.
bond was of 1.5 year and 50000/- Rupees.
I had a night shift duty. But it made bad impact on my health. so, I requested company management to give me a day duty. But company refused my request.
I did not have any choice, so i left job. Now they are demanding 50000/- rupees for breaking a bond. Please help me. Is this bond is enforceable in this situation?
Give me a advice.
Hi Gaurav,
Please answer the following questions -
1) While recruiting you, did they mention that it would be a night shift? Did they mention of rotational shift?
2) Did they give you any training?
3) What tenure have you served with this organization before you tendered resignation?
4) How can you say that the bad health was due to night shift? Any certificate or letter that states
5) What does the bond say about the service tenure? How would you be compensated by them if they terminate you in the bond period?
6) On what grounds was your plea to switch to day shift rejected?
Hi, Ankita

Thank you for answering the question.

well, answer for your questions are as follows:

1)They told me that it would be night shift. But it was not mentioned in service agreement. However I did not knew at that time night shift will not suit me

2)They given me 5 months training, but it was as internship. They did not paid me single rupee for it. Based upon performance in internship they selected me as Junior software engineer. Officially there is not any record as employee for that training period. In official job They did not given me any training.

3)I was chatting with US client on skype and according to his directions i had to make changes / maintenance work in his existing web sites.

4)Due to night shift I could not had enough sleep. I became sick along with tension, vometting, etc. I had taken a week long leave from the company for the same reason before quitting job. After I became ok, I told company that I can not work in night shift. However, they insisted for night shift. So , I did night shift for 2 days more. But as I could not bear it, I sent resignation letter. I do not have any certificate/letter regarding it, as I consulted my brother , who himself is a doctor.

5)Service bond was for 1.5 year. 3 months of notice period was required. If i terminated by them , then there would not be any compensation.

6) I don't know why they rejected day shift request. However they said, "you have to continue for night shift. Nobody work in night shift for whole life".

I would also like to point that bond was not on stamp paper [ I think as it is indemnity bond, stamp paper is required].

Please help me as early as possible.

Thank you in advance.
Hi, Ankita

Thank you for answering the question.

well, answer for your questions are as follows:

1)They told me that it would be night shift. But it was not mentioned in service agreement. However I did not knew at that time night shift will not suit me

2)They given me 5 months training, but it was as internship. They did not paid me single rupee for it. Based upon performance in internship they selected me as Junior software engineer. Officially there is not any record as employee for that training period. In official job They did not given me any training.

3)I was chatting with US client on skype and according to his directions i had to make changes / maintenance work in his existing web sites.

4)Due to night shift I could not had enough sleep. I became sick along with tension, vometting, etc. I had taken a week long leave from the company for the same reason before quitting job. After I became ok, I told company that I can not work in night shift. However, they insisted for night shift. So , I did night shift for 2 days more. But as I could not bear it, I sent resignation letter. I do not have any certificate/letter regarding it, as I consulted my brother , who himself is a doctor.

5)Service bond was for 1.5 year. 3 months of notice period was required. If i terminated by them , then there would not be any compensation.

6) I don't know why they rejected day shift request. However they said, "you have to continue for night shift. Nobody work in night shift for whole life".

I would also like to point that bond was not on stamp paper [ I think as it is indemnity bond, stamp paper is required].

Please help me as early as possible.

Thank you in advance

attribution https://www.citehr.com/474652-can-we...#ixzz2j6SXhpd4
Hi Gaurav,

From this I understand that you were first interning at the company.

There was no stipend provided while you were under training / internship.

Your internship was for 5 months. After this you were offered a permanent position with company.

Once you were offered the permanent position, you were officially not given any training.

One doubt -

While interning were you in day shift or in night shift?

Is the role offered to you different than the work you did in your internship?

I meant to ask, how long did you work for this company?

How many months?

5 months internship is cleared.

But after you were offered the job, how many months were you in the job?

To be honest, vomiting and stress has many causes - personal and professional.

We can't deduce that you're health was affected because you were working into night shift. Yet it's upto you to decide whether or not you want to work. But this is how the case seems.

Do you have medical certificate that advices you to not take up night shift?

If so, what reasons have been stated in the certificate?

I doubt if there's a necessity to sign bond over stamp paper....

Any contract (even verbal) if is done with mutual consent is valid.

However, still I leave this to legal experts to comment on.

Ideally you should raise such query in writing - either over mail or something so that you have proofs of communication and they're are also required to communicate formally over mail in reply.

I doubt you did that, you must have just handed over the paper.

The problem is as I mentioned, there is no solid reason that your health was affected due to their employment.
The internship was on the day shift. I have worked in different technology in regular employment than in internship.
Well, I worked for 1 month 7 days. I joined on 3rd june, and I gave resignation letter on 10th july. However, they did not paid salary to me upto that time.
I don't have certificate. But I can get it.
One point i want to make: In company salary happens generally 12/13th day of the every month. I was not able to do job, otherwise I had waited for 2 days to get salary. However, I resigned before 2 days of it.
Can you please see this links, and help me?
A judgement of court over validity of bond if it is not stamped
M/S.I.B.S. Soft Ware Services ... vs Leo Thomas, House No.181, Gandhi ... on 6 November, 2009
<link outdated-removed>
Hello,

If you had signed a bond, you must conform to the provisions.

Even assuming your health were genuine (and I have no reasons to doubt or dispute) were the intensity such that you would never be able to work a night shift" If so the specialist medical practitioners would have certified so and there also would be various medical/pathological tests carried out that support a medical opinion that night shift working is a health hazard! Did you negotiate with your employers on this basis before resigning/breaking the bond? Was a pre-employment medical examination carried out by the employer to ascertain your physical fitness for this employment? All good employers do that!

Further, were you employed by a "software company" or "back office" or a "call center"? In any case was your employer covered by the Shops and Commercial establishment Act of your region? As a default no shop or a commercial establishment is allowed to work night shift UNLESS it has obtained exemption under the act as regards "working hours". It is a good point to check this out.

Having spent considerable time, I can speak from personal experience that a lot of youngsters/new entrants find it very difficult to work in night shifts which is against the biorhythm that one is used to, all his life. I also know it affects their night life and socializing. But I also know that over a period of time humans do get used to a different biorhythm. My simple question is are you sure that you did not give up to soon? I am not questioning your preferences of a life style but sometimes we do tend to give up a wee bit to soon!

In view of this discussion, fighting with your employer may-just may be our creation! See if you can reason out with your employer and make some kind of a deal! Litigation is going to cost you no small sum. Paying the bond value is also a substantial cost and finding a golden mean seems to be the best way out! BUT, if the facts favour you, despite the cold print of the bond, then one can and should put up a fight disregarding the costs involved.

Can you convince us or a good local lawyer of your case that would justify breaking of the bond?

Think about it!

Regards

samvedan

October 29, 2013

------------------------
Dear Samvedan,
I appreciate points you have made.
However, Let me clarify something.
1. I consulted A well qualified [MD] doctor, who told me to discontinue going on night shift, and take day shift. I did not taken a certificate, but I think i should now take.
2. Well, everybody has right to live healthy life. I think, If i had continued job on night shift, no one other than me will be suffering. I requested company management for day shift, but they refused. I went in depression. And company did not cared about it. So I think quitting "now" is better than "after" suffering more.
3. It was a software company. No pre-employment medical fitness test had been done.
4. After speaking to company about my problems, I have done 2 days more night shift. But I was feeling so depressed, so I met HR and my boss and told him that i want to quit. Still they insisted me for night shift. And i took decision.
Don't you think it's little early to conclude that you won't be able to?
I mean your call, you can judge your situation the best, but just wondering if you could have given it one shot.
In the other case, I think try to speak to HR.
Just to bring to light, Ideally companies are to pay the salary not later than 10 days from the start of month.... If 10th is a sunday or holiday, they should be paying it before 10th....
About the caselet,
I don't think I am the right person to help you with that. I am no legal expert. Sorry.
Night shift is there in many companies, especially with US clients. Think from the point of view the company.
It is possible to do Night shift if a person makes some adjustments in their lifestyle. Check the below links for more help:
How to Work Night Shift: 5 Steps (with Pictures) - wikiHow
6 Ways to Make Working the Night Shift Less Hazardous to Your Health - US News and World Report
Surviving Night Shift Sleep Problems and Health Effects
From your career point of view, discuss with their HR as to how long you have to do Night shift. If you can negotiate a short term time frame, it is best for you. Wait till the bond period is over and search for a new job is the Night shift continues.
Dear Guarav,
Mr.Samvedan has given right opinion. When you are not in a position to find suitable job, you have to prepare for compromise, to escape from the loss for violating the conditions of appointment that you have accepted before joining the duty. Don't waste your precious time and money in search of legal remedy. Pl have second thought and join the duty and try to convince the management after some time.
SPKR
Friend,
One sided service bonds are not enforceable in India. Some courts in india have held bonds to be illegal since it restricts the employees freedom to work freely/practise his profession - however this is usually when the 'bond period' is open ended. For specific time period of 1-2 years , at times it may be allowed by courts as some companies use time/resources to train employees , which does not apply in your case (as per your version). No one will know till one goes to court & challenge the documents , so you can safely assume that it will not be challenged.
All said & done , consult a lawyer with your complete set of documentation before making any decision.
Best wishes,
Sourav Mukherjee
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