Kamalkantps
Advocate
[email protected]
Retired Government Servant/advocate
RAMAKANT R
Primus Techsystem
Nathrao
Insolvency N Gst Professional
Vmlakshminarayanan
Sr.manager - Hr&admin
Aks17
Compliance Manager

Its been 6 months since i joined an IT company. I was not aware of the bond that they have for a fresher. Only after I was selected and when i reached the company on reporting date, they told me that they have bond of 2 years and of 2 lacs. I needed the job so i signed the bond and then they took a cheque from me.
In the agreement they stated that my salary will be credited in first week of every month but they give salary on 10th or 11th or sometimes even more delay.
Now I want to leave this company. Is there a way that I can leave without paying the bond. What should i do about the cheque i gave to them?
Please help me on this. Your help will be of great importance for my career.

From India, Bengaluru
Hi,
Before signing the bond choice was yours whether to accept it or not. Now that you had signed the bond, now the ball is in your employer's court. While the legality of such bonds in Indian judicial system is a separate issue, if you abscond from duty, employer have the option of initiating legal action, by serving legal notice and such proceedings will be time consuming process which will be unnecessary hardship for you. Considering your limited stint with your employer, you may make a request with your employer for proper relieving with some extended notice period or so.
The purpose of such bonds are primarily to create a moral fear among trainees and also used as a weapon by employers to recover training cost incurred by employer in terms of software cost / abroad deputation costs if any.
So resolve the issue amicably.

From India, Madras
To provide opinion without knowing the actual clause of the agreement..
You will have to study that the date of payment of salary is violation of any term... this only can save you from the bond liability

From India, Pune
The bond may not be valid legally. Take the bond to an advocate and cross check. No one can compel you to work unwillingly. Seek appropriate legal advice with full facts and documents available.
From India, Pune
what if i cancel the cheque through bank.
From India, Bengaluru
Hi
Did you date the cheque or gave an undated one to the employer? A cheque is valid for only 3 months, so in case the period is over there is no way the employer can make use of the same.
Regarding bond and its validity it all depends on the reasonableness of each case, not easy to discuss unless the whole issue is made known.
Thanks and Regards.

From India, Hyderabad
Dear Friend,
The Employment Bond in India are only legal when the employer spent a substantial amount of money in training the employee to reach him at a productive level. Please tell us if you have been provided with such extensive training. Even if a small amount of training is imparted to the Employee that dose not entitle the Management/Employer to get a bond signed from employee or to get the same enforced from the Court of Law. Mind it, it is the employer who has to prove the legal validity of the bond. In case they have got the bond signed and you feel that no (substantial) training is provided, the employee can complain about the same before the Concerned Labour Commissioner of the area. Feel free to call me to discuss the matter in detail.

From India, New Delhi
Yes, the bond is not legally unless you have been imparted some special training involving substantial expenditure. The employer can encash the cheque, if it was undated and signed and there is sufficient funds in your account. However, no action under Negotiable Instrument Act (under Section) 138 lies if the cheque is dishonored; there is no enforceable debt.
From India, Kochi
Hi,
I gave an undated cheque to the company.
There have been recent developments that I list below :
1. They are providing false information to the clients whom I have to give interviews for bringing the project to the company. Ex. They asked me to make a resume displaying 4 years and 9 months even when i am only 11 months experienced. The business team made these changes themselves to my resume and asked me to reflect the same on my Linkedin account. I have proof in chats for all these conversations.
2. They are forcing me to work on 2 projects and even work on saturdays and sundays to manage the two projects. Upon asking them to write the same in mail to me they have not done it till now, as the clients know that i am working on only their project.(they tell the clients that the employee is working on their project only)
3. They are giving me salary after first week of the month around 10 and 11, even if the offer letter states as i quote "Salary will be credited in first week of every month".
Please go through this and let me know what to do. I want to leave the company.
Your advice will be very helpful for me and my career.

From India, Bengaluru
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