Adv. Manoj Liyonzon
Lawyer, Chennai
Manish Bali
Head - Ir/hr
+2 Others

Thread Started by #troubled_employee

Hello,
I am almost in tears while I am writing this & need assistance.
I work for a US based company & was sent to the US for training/transition and before I could go, I was made to sign a bond saying I will not leave the organization for one year from the time I return, else a compensation of Rs. 2,00,000.00 will have to be paid.
Recently, there was a change in my manager & the new manager has been troubling me in-spite of everything from my end being correct. I wanted to know from you, if bonded labor is India is legal & will my organization be able to take any legal action against me in a case where I resign and want to leave without being terminated or having to abscond?
5th March 2014 From India, Hyderabad
Hi,
Do not be frustrated.Deal with the matter with a cool head.
You are advised to get the terms of bond examined by a competent lawyer. Many a times the bond is one sided, as the person, at the time of joining his service has little choice but to sign it. Such bonds cannot be enforced legally. For example, the management has an option to terminate you during the bond period, but there is no provision of paying you for the entire bond period . All the terms and conditions are one sided without any obligation of the employers side. Once, the terms of bond have been legally scrutinized and your lawyer opines that you are on safe grounds, you can jump the same by sending your resignation. However, please go by the advise of your lawyer.
Wishing you all the best
Cyril
5th March 2014 From India, Nagpur
Your manager must not be a single authority. There must be a more competent authorities in your Dept., in your organization.

When company found you a best employee to send U.S. for training, then your senior most heads also wants to retain you in the organization.

Why you feel negative and cant face your manager, he is also a paid employee, and you must discuss the matter with your other seniors.

On the other front...as Cyril has correctly mentioned...that this kind of bonds is always ONE SIDED....and cant be stand in courts...you may take consent of lawyer.....

But in my opinion you must figure out your space in your organization...which must be strong in my opinion....which you may not realize.....now. Take this as a challenge....what you demand from our cricket team when they play specially with Pakistan...the player who hit maximum six or fours in tough mental pressure by media....by crowd.....become a hero.....you must face this problem with your all courage....think why org. select you to send U.S....they spent money on you....Fight....forget tears...dear...

Manish Bali
5th March 2014 From India, Delhi
Hi,
I am in agreement with Cyril and Manish. You have to get the contents of the bond examined by an experienced and competent lawyer. It is a fact that still some of the organisations frame one sided bonds thinking that the same will go unchallenged. Secondly, please approach the authority higher than the Manager concerned and explain your ordeal seeking their intervention. Surely, things may get settled.
Suppose this also does not yield desired results, please build up record of the harassment(on the basis of gender discrimination) is being caused to you by the Manager concerned endorsing copies to the top management. This may bring an end to your trauma, if not, you may take it up through with your lawyer.
S.K.Johri
10th March 2014 From India, Delhi
- Please be aware that You are not a bonded labour since you signed in 1 year bond.

- First of all you email to co's., grievance cell marking to HR, & to your personal email id, that you are

harrased by you line manager stating the facts & request them to address it. The co., should address

it by constituting a committee, else the co., offends law & co., will face severe bad consequences.

- Subsequently if the company doesnt address it, then email a resignation letter to HR, CEO/VP, Line

Manager & to your personal email id,

- In it state that you have grievance in co., & the co., failed to address your grievance even after lodging

a formal complaint, which lead to severe mental agony & thus you resign from the company as you

feel insecured.

Upon such motion, definately the co., will relieve you, if the co., HR is not a fool, as he would be aware of bad consequences of such motion. By these you can lodge a harassment complaint in police, deputy labour commissioner & also file a civil suit, which will be the biggest headache for co., 100% you will be in the safer side, no matter its a US based MNC,
13th March 2014 From India, Chennai
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