I have been working with this company for over 5 months. I signed a bond on legal stamp paper which states that I have to serve them for 15 months. During this period, if I resign or the company terminates me, I will have to pay a bond penalty of Rs. 70k because the company has incurred some expenses on my training and induction.
During the initial period, the company was nice to me as I was new to the system. The work provided to me was within my job profile, which was also discussed during the interview and selection process. Now, the company has started assigning me work that is internal and not part of my job profile. They are pressuring me to work beyond my shift hours to complete it. I have been doing this for the last 3-4 months. I have informed my manager and HR verbally about it, but they are not taking any action. I cannot handle this pressure anymore and don't feel like going to the office.
Questions and Concerns
Could you please advise me on the following questions:
1. Should I email my manager about this issue, keeping HR and the Department Head in cc?
2. There is no formal training provided to me other than induction and processes that every company conducts. I am working independently based on my experience from previous companies. Will I have to pay the bond penalty in this case if I resign?
3. Should I remain silent, complete my bond period, and then leave because this company is NSR registered, and I was told to join it during the joining period?
I do not want to have a long-term career with this company because there is no flexibility, no relaxation, and no respect or appreciation for my work. Please suggest.
From India, Thane
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During the initial period, the company was nice to me as I was new to the system. The work provided to me was within my job profile, which was also discussed during the interview and selection process. Now, the company has started assigning me work that is internal and not part of my job profile. They are pressuring me to work beyond my shift hours to complete it. I have been doing this for the last 3-4 months. I have informed my manager and HR verbally about it, but they are not taking any action. I cannot handle this pressure anymore and don't feel like going to the office.
Questions and Concerns
Could you please advise me on the following questions:
1. Should I email my manager about this issue, keeping HR and the Department Head in cc?
2. There is no formal training provided to me other than induction and processes that every company conducts. I am working independently based on my experience from previous companies. Will I have to pay the bond penalty in this case if I resign?
3. Should I remain silent, complete my bond period, and then leave because this company is NSR registered, and I was told to join it during the joining period?
I do not want to have a long-term career with this company because there is no flexibility, no relaxation, and no respect or appreciation for my work. Please suggest.
From India, Thane
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It looks like you are experienced and not a fresher. The answers to your questions are as follows:
1. You should send your resignation first to the appointing authority and mark a c.c. to others.
2. The company can only recover the equivalent amount incurred in providing training to you. The company can’t insist you remit the total bond amount. In case the company demands it or deducts it from your dues, you should have the courage, spirit, will, and financial resources for a legal fight. Please remember, if they relieve you easily, it may be possible that you may not receive your Full and Final Settlement (FNF) along with the relieving letter and experience letter, which are very essential for you. There is every provision in law to protect the interest of employees, but it is very difficult for an individual to leverage it.
3. It is in your interest and also best for your career to continue with your current employer by keeping quiet.
Regards,
A. Prakash
From India, Halol
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361. You should send your resignation first to the appointing authority and mark a c.c. to others.
2. The company can only recover the equivalent amount incurred in providing training to you. The company can’t insist you remit the total bond amount. In case the company demands it or deducts it from your dues, you should have the courage, spirit, will, and financial resources for a legal fight. Please remember, if they relieve you easily, it may be possible that you may not receive your Full and Final Settlement (FNF) along with the relieving letter and experience letter, which are very essential for you. There is every provision in law to protect the interest of employees, but it is very difficult for an individual to leverage it.
3. It is in your interest and also best for your career to continue with your current employer by keeping quiet.
Regards,
A. Prakash
From India, Halol
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Should I Email My Manager?
Yes, please mention that the job assigned is not as per the job description given to you, and the working hours are not as stated in your employment letter. Please check your employment letter for details.
Training and Bond Penalty Concerns
There is no formal training provided to me other than induction and processes that are common in every company. I am independently working based on my experience in previous companies. Will I have to pay a bond penalty if I resign? Yes, recovery is up to the amount incurred, but the time and effort you will spend fighting it out may not be worth it.
Should I Complete My Bond Period?
Not necessarily. Approach HR with your issues. Companies can't force you to work beyond normal hours or for work beyond a job description you did not sign up for. You can refuse tasks beyond your signed job description.
Regards
From India, Mumbai
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Yes, please mention that the job assigned is not as per the job description given to you, and the working hours are not as stated in your employment letter. Please check your employment letter for details.
Training and Bond Penalty Concerns
There is no formal training provided to me other than induction and processes that are common in every company. I am independently working based on my experience in previous companies. Will I have to pay a bond penalty if I resign? Yes, recovery is up to the amount incurred, but the time and effort you will spend fighting it out may not be worth it.
Should I Complete My Bond Period?
Not necessarily. Approach HR with your issues. Companies can't force you to work beyond normal hours or for work beyond a job description you did not sign up for. You can refuse tasks beyond your signed job description.
Regards
From India, Mumbai
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An employer cannot bind any employee to work for any specific duration. An employer can recover the cost of training, but it should be justified with all the necessary documentation on training received by the employee and the amount spent on such training. Employees should be aware of such training and costs with a well-defined curriculum. There should be certification for such training. If any of the above elements are missing, the employer cannot recover anything from the employee.
Regarding working hours, no employer can keep any employee for more than 48 hours (but you need to check the applicability of the law on your organization, like the Shops and Establishment Act of your state).
Thanks,
Yajuvendra Singh Bisht
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Regarding working hours, no employer can keep any employee for more than 48 hours (but you need to check the applicability of the law on your organization, like the Shops and Establishment Act of your state).
Thanks,
Yajuvendra Singh Bisht
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Thank you for your valuable suggestions. Yes, I am experienced, and this is the first time I am serving a bond. I 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 me that they will call for FNF in 7-10 days. When I asked them about the bond, they said they will let me know. Does that mean they will negotiate the bond penalty against FNF? I have served them for 5 months, and if they tell me to pay, how much amount will they ask for approximately?
Regards,
Aditya.
From India, Thane
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Regards,
Aditya.
From India, Thane
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Generally, any bond is written in a way to cover the company when the employee resigns during the bond period. If and when the employer terminates, it isn't applied. Here, it seems to have been a sort of over-greed by your company to get some money irrespective of the reasons for the parting.
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 and get your experience docs and move on. This is not to suggest that you are accepting that you are wrong, but to ensure you spend your time and effort on something far better. The effort needed to fight such guys is not worth it in the long run.
Alternative Option
There's also another option/scenario, depending on your preferences. You can just mask out this experience, being only 5 months. And in case the company asks for any amount, just send a subtle (not threatening) message that your people at home want to take this legally as bonds are not valid without (1) concrete proof of any training and the expenses thereof and (2) when the employee has not resigned but is terminated.
All the best.
Regards,
TS
From India, Hyderabad
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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 and get your experience docs and move on. This is not to suggest that you are accepting that you are wrong, but to ensure you spend your time and effort on something far better. The effort needed to fight such guys is not worth it in the long run.
Alternative Option
There's also another option/scenario, depending on your preferences. You can just mask out this experience, being only 5 months. And in case the company asks for any amount, just send a subtle (not threatening) message that your people at home want to take this legally as bonds are not valid without (1) concrete proof of any training and the expenses thereof and (2) when the employee has not resigned but is terminated.
All the best.
Regards,
TS
From India, Hyderabad
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There is a difference between TERMINATION and RELEASE. Only the employer can terminate your employment, not the employee, and the word "release" is generally used when someone hands over their resignation voluntarily. In your case, there is no scope for the employer to terminate you as you have already submitted your resignation. Now, the employer can release you based on your resignation. As far as your FNF is concerned, I suggest you accept it if it is affordable or acceptable to you in monetary terms, or if you do not need to add any extra money out of your pocket. Please do not panic and have patience; you will definitely get the desired results.
Regards,
A. Prakash
From India, Halol
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Regards,
A. Prakash
From India, Halol
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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.
From India, Delhi
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From India, Delhi
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