Umakanthan53
Labour Law & Hr Consultant
Allot
Manager

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I went to abroad deputation for 3 years in 2012 . Company told they will give training and I signed a bond that I will serve my Indian company for five years after return or pay 1.2 times the amount spnt on training . After spending 1.5 years abroad , I found that they are taking full time work from me , and I resigned from abroad itself. The company did not release me and forced me to complete deputation till 2015. this time I resigned by e-mail and did not go to the company because I knew they will torture me like last time and willnot release me. Now they are sending letters to my house asking me to pay bond amount , otherwise they will take legal action against me . I have letter from abroad company that I was employed there for 3 years not worked as trainee . also in 2014 , I did not take my resignation back till now ......Please suggest wat to do
From Japan, undefined
To me, your narration of the episode leading to the present threat of legal action for bond violation seems a bit confusing. At the outset you've stated that you went abroad on deputation for 3 years in 2012. Your next statement conveys the fact of signing a bond to serve the Company for 5 years after your return or to pay back a sum equivalent to 1.2 times the cost of training. Deputation of an employee from one company to another is just lending the services of the concerned employee . So there can not be any scope for training other than a brief programme of orientation. As per your further statement that your status of employment abroad in reality was that of a full time employee and not a trainee and it prompted you to tender your resignation which was not accepted and instead you were forced to complete the spell of deputation till 2015. You are also in possession of a letter from the foriegn Company confirming your employment under them as a normal employee only. It is not known from your post whether the Indian Company gave you any special and exclusive training in INDIA before your deputation abroad. Anyway, if the facts presented by you regarding the entire episode of deputation abroad are correct and supported by documentary evidence, your original employer has no locus standi to claim damages for violation,if any on your part as per the bond. Better consult an experienced advocate and arrange to send a reply through him.
From India, Salem
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