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I have been working with this company for 5 months and more. I have signed a bond on legal stamp paper which states that i have to serve them for 15 months and in this period if i resign or company terminates me then i will have to pay the bond penalty of Rs.70k because company has incurred some amount on my training and induction.
During initial period company was nice to me as i was new to the system and work provided to me was in my job profile which was also discussed in the interview and selection process. Now company has started giving me work which are internal/not in my job profile and they are pressurizing me to work beyond my shift hours to finish it. I am doing this for last 3-4 months. I have informed my manager and HR verbally about it but they are not taking any actions. I cannot handle this pressure now and don't feel like going to office anymore.
Could you please suggest me on below questions:
(1) Should i mail my manager about the same keeping HR and Department head in cc?
(2) There is no formal training provided to me other than induction and process which is done by every company, i am independently working on bases of my experience in previous companies. Will i have to pay bond penalty in this case if i resign?
(3) Should i keep mum, complete my bond period and then leave because this company is NSR registered and i have also been told to join it during joining period?
I do not want to have a long term career with this company because there is no flexibility, no relaxation,
no respect/appreciation for my work. Please suggest.
During initial period company was nice to me as i was new to the system and work provided to me was in my job profile which was also discussed in the interview and selection process. Now company has started giving me work which are internal/not in my job profile and they are pressurizing me to work beyond my shift hours to finish it. I am doing this for last 3-4 months. I have informed my manager and HR verbally about it but they are not taking any actions. I cannot handle this pressure now and don't feel like going to office anymore.
Could you please suggest me on below questions:
(1) Should i mail my manager about the same keeping HR and Department head in cc?
(2) There is no formal training provided to me other than induction and process which is done by every company, i am independently working on bases of my experience in previous companies. Will i have to pay bond penalty in this case if i resign?
(3) Should i keep mum, complete my bond period and then leave because this company is NSR registered and i have also been told to join it during joining period?
I do not want to have a long term career with this company because there is no flexibility, no relaxation,
no respect/appreciation for my work. Please suggest.
Dear Aditya,
It looks that you are experienced and not fresher. The answers of your questions are as under.
1.You should send your resignation firstly to appointing authority and mark c.c. to others.
2.The Company can recover only the equivalent amount which was incurred in parting training to you. Company can’t insist you to remit total bond amount. In case if Company is demanding OR if they deduct it from your dues, then you should have that much courage, spirit, will, money for legal fight. Pl remember if they relive you easily, then it may be possible that you may not receive FNF with reliving letter as well as with experience letter which is very essential for you. There is every provision in law to protect the interest of Employee but it is very difficult for individual to grab it.
3.It is in your interest and also best for your carrier to serve with current employer by keeping mum.
A. Prakash
It looks that you are experienced and not fresher. The answers of your questions are as under.
1.You should send your resignation firstly to appointing authority and mark c.c. to others.
2.The Company can recover only the equivalent amount which was incurred in parting training to you. Company can’t insist you to remit total bond amount. In case if Company is demanding OR if they deduct it from your dues, then you should have that much courage, spirit, will, money for legal fight. Pl remember if they relive you easily, then it may be possible that you may not receive FNF with reliving letter as well as with experience letter which is very essential for you. There is every provision in law to protect the interest of Employee but it is very difficult for individual to grab it.
3.It is in your interest and also best for your carrier to serve with current employer by keeping mum.
A. Prakash
Aditya:
(1) Should i mail my manager about the same keeping HR and Department head in cc? yes, please mentioned that the job assigned is not as per Job description given to you, and working hours are not as in your employment letter. please chck your employment letter for details.
(2) There is no formal training provided to me other than induction and process which is done by every company,
i am independently working on bases of my experience in previous companies. Will i have to pay bond penalty
in this case if i resign? yes, recovery is to the amount incurred, but the time and effort you will spend fighting it out may not be worth it.
(3) Should i keep mum, complete my bond period and then leave because this company is NSR registered and i have
also been told to join it during joining period? not necessarily.. approach the HR with your issues... companies cant force you to work beyond normal hours, or for work beyond a JD you did not sign up for. you can refuse tasks beyond your signed JD.
(1) Should i mail my manager about the same keeping HR and Department head in cc? yes, please mentioned that the job assigned is not as per Job description given to you, and working hours are not as in your employment letter. please chck your employment letter for details.
(2) There is no formal training provided to me other than induction and process which is done by every company,
i am independently working on bases of my experience in previous companies. Will i have to pay bond penalty
in this case if i resign? yes, recovery is to the amount incurred, but the time and effort you will spend fighting it out may not be worth it.
(3) Should i keep mum, complete my bond period and then leave because this company is NSR registered and i have
also been told to join it during joining period? not necessarily.. approach the HR with your issues... companies cant force you to work beyond normal hours, or for work beyond a JD you did not sign up for. you can refuse tasks beyond your signed JD.
Hi Aditya,
1. Employer cannot bound any employee to work for any specific duration.
2. Employer can recover the cost of training but it should be justified with all the kind of documentation on training received by the employee and amount spent on such training.
3. Employee should be aware of such training and cost with well defined curriculum.
4. there should be some certification for such training.
If any of the above things are missing employer cannot recover anything from the employee.
On working Hours no employer can keep any employee for more than 48 hours(but you need to check applicability of the law on your organization like shops and establishment act of your state). (
Thanks,
Yajuvendra Singh Bisht
1. Employer cannot bound any employee to work for any specific duration.
2. Employer can recover the cost of training but it should be justified with all the kind of documentation on training received by the employee and amount spent on such training.
3. Employee should be aware of such training and cost with well defined curriculum.
4. there should be some certification for such training.
If any of the above things are missing employer cannot recover anything from the employee.
On working Hours no employer can keep any employee for more than 48 hours(but you need to check applicability of the law on your organization like shops and establishment act of your state). (
Thanks,
Yajuvendra Singh Bisht
Hello Prakash, thank you for your valuable suggestions.
Yes i am experienced and this is the first time i am serving
bond. Will take it as a learning experience and keep moving.
There is an update, now the company has terminated/
released me from duties and told that they will call for fnf
in 7-10 days. When i asked them about the bond they said we
will let you know. Does that mean they will negotiate bond panelty
against fnf. I have served them for 5 months and if they tell me
to pay then how much amount will they ask for approximately?
Regards,
Aditya.
Yes i am experienced and this is the first time i am serving
bond. Will take it as a learning experience and keep moving.
There is an update, now the company has terminated/
released me from duties and told that they will call for fnf
in 7-10 days. When i asked them about the bond they said we
will let you know. Does that mean they will negotiate bond panelty
against fnf. I have served them for 5 months and if they tell me
to pay then how much amount will they ask for approximately?
Regards,
Aditya.
Hello Aditya,
Generally any Bond is written in a way to cover the Company when the employee resigns during the Bond period......IF & WHEN the employer terminates, it isn't applied. Here it seems to have been a sort of pver-greed by your Company to get some money IRRESPECTIVE of the reason(s) for the parting.
Coming to the most recent scenario, I guess you can only wait for your HR to respond with how much money you will be asked to pay. In case you find it comfortable, just pay-up & get your experience Docs & move on--this is NOT to suggest that you are accepting that you are wrong, but the ensure you spend your time & effort on something far better. The effort needed to fight such guys is not worth-it in the long-run.
There's also another option/scenario....depends on YOUR preferences. You can just mask-out this exp....being just 5 months....& IN CASE the Company asks for any amount, just send a SUBTLE [NOT threaten] message that your people @ home want to take this legally as Bonds are NOT valid without (1) concrete proof of any training & the expenses thereof & (2)
when the employee has not resigned but is terminated.
All the Best.
Rgds,
TS
Generally any Bond is written in a way to cover the Company when the employee resigns during the Bond period......IF & WHEN the employer terminates, it isn't applied. Here it seems to have been a sort of pver-greed by your Company to get some money IRRESPECTIVE of the reason(s) for the parting.
Coming to the most recent scenario, I guess you can only wait for your HR to respond with how much money you will be asked to pay. In case you find it comfortable, just pay-up & get your experience Docs & move on--this is NOT to suggest that you are accepting that you are wrong, but the ensure you spend your time & effort on something far better. The effort needed to fight such guys is not worth-it in the long-run.
There's also another option/scenario....depends on YOUR preferences. You can just mask-out this exp....being just 5 months....& IN CASE the Company asks for any amount, just send a SUBTLE [NOT threaten] message that your people @ home want to take this legally as Bonds are NOT valid without (1) concrete proof of any training & the expenses thereof & (2)
when the employee has not resigned but is terminated.
All the Best.
Rgds,
TS
Dear Aditya,
There is difference between TERMINATION & RELEASE. Only the employer can terminate your employment not employee and the word release is generally used when someone hand over his resignation voluntarily. In your case now there is no scope for employer to terminate you as you have already submitted your resignation. Now employer can release you on the basis of your resignation. As far as your FNF is concern, i suggest you to accept it if it is affordable/ acceptable to you in monetary terms OR if you need not to add any extra money out of your pocket. Please do not get panic and have patience, you will definitely get the desired results.
A.Prakash
There is difference between TERMINATION & RELEASE. Only the employer can terminate your employment not employee and the word release is generally used when someone hand over his resignation voluntarily. In your case now there is no scope for employer to terminate you as you have already submitted your resignation. Now employer can release you on the basis of your resignation. As far as your FNF is concern, i suggest you to accept it if it is affordable/ acceptable to you in monetary terms OR if you need not to add any extra money out of your pocket. Please do not get panic and have patience, you will definitely get the desired results.
A.Prakash
Dear Aditya, i think you have recently started your carrier, please B patience while taking this decision, if you have signed the Bond, you have to pay the agreed amount.
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Listed Under experience letter City-India-Thane shops and establishment act shops and establishment working hours job description employment letter terminating an employee termination policy termination of employment learning experience extra money Country-India
Employer suit for breaking service bond within 3 yrs - Delhi HC 5.9.2014.pdf
