Stuck in a Job Bond: How Can I Get a Relieving Letter Without Paying the Penalty?

Hi,

I want to break the bond of my company which I joined in July 2007 as a fresher. I have a 2-year bond for 2 lakhs. I have signed one stamp paper with the signature of 2 guarantors in a letter of undertaking that my guarantors will pay 2 lakhs if I terminate service before the completion of the bond period. However, due to some unavoidable situations in March 2008, I asked my company to transfer me to another place where my wife is working because her company doesn't have an office at my location, and she also has a bond in her company. Even after 4 months, they are not giving me a transfer and telling me that "we cannot give you a commitment for transfer, and if you are not satisfied with my answer, you can find another way."

So, I have given an interview in another company where I got selected with a higher package, but that company is asking for a relieving letter from my current company, even though I informed them about the bond and the amount at the time of the interview. Please guide me on how I can ask my current company to give me a relieving letter without paying the bond amount to them. If I produce any fake letter to the new joining company, will it create any problems?

Hi,

What I would suggest is for you to talk with your new company and inform them that instead of providing them with the relieving letter, you can offer them a read receipt copy of your resignation email. Additionally, in order to safeguard them from any potential future issues, you could propose the option of signing an affidavit. This affidavit would state that you will bear full responsibility for any financial liabilities in the event that your previous company initiates any civil legal proceedings against you in the future.

I hope they will agree to your proposal.

Regards,
Manoj.

Hi,

Just for your information, in India, there is no concept of "bonded labor." In my previous organization, we had a similar "bond" system. However, many people left before the bond period, and the organization could not take any action as Indian law does not recognize the concept of "bonded labor."

If the organization is not providing you with a relieving letter, I suggest you print out the resignation email you sent to your superiors and use it as proof instead of creating a fake one.

All the best!

Bond Issue and Employment Concerns

I need your help regarding the bond issue with me. I am a Mechanical Engineer who joined ABC Company, which takes contracts from XYZ Company. My offer letter does not cover any bond concept. However, when I joined the company, they made me sign a one-sided bond. In case of breaching the bond before 2 years, I am required to pay 50,000 Rs to the company on a 50 Rs stamp paper. If I had not signed the bond, they would not have paid me the salary.

After joining, I discovered that they are also deducting money for leaves—15 leaves yearly, with a refund after a year. Additionally, there are no specific leave categories like SL, PL, etc. If we take leaves, our salary gets deducted.

They do not provide salary slips. Moreover, there are different working hours for girls and boys; boys work from 9:30 to 7:30, while girls work from 9:30 to 6:30. Our job role involves high risk as it is in the Oil & Gas Field, with no insurance coverage provided by the company except for the WC policy. I am concerned about the benefits of the WC policy if an unfortunate incident were to occur in the field.

Given this situation, is it justifiable to breach the bond? I have completed 4 months and wish to leave the company due to this form of harassment.

Regards