Feeling Stuck in a Low-Paying Job Bond: How Can I Move On Without Legal Trouble?

Hi,

I need help regarding breaking the bond. I signed up for a long-term bond with my employer. But now I realize that I made a big mistake because the salary level is very low compared to other industries (only 35% compared to other industry). Also, if we ask anything about salary issues, they will reduce the salary without notice (one employee suffered from this last month). Career development is also very poor in this company.

So, I plan to break the bond. I know I can't get a relieving order from them. I have been working for them for 2.5 years. I am confused. :( :(. Can anyone help me with this issue? I am mentally depressed now. Please give me some ideas to move to another company without a relieving order and without legal problems. Please let me know if you need any other information. I am waiting.

Thank you

Hi Tribikram,

I am working as a programmer with 2 years of experience in Java and J2EE, currently residing in Chennai. My company is a Chennai-based software company that operates in Japan, Singapore, and London. Additionally, I am certified in the native Japanese language.

Thank you, Tribikram. Please reply if you have any ideas regarding this issue.

Hi,

Go to the top person in the company and speak to him with reasons for you to leave the company and the opportunity you are getting in a very positive way. Speak to them in the evening hours, not in the first morning hours, preferably. First, keep from your mind that you are doing some mistake. Any person cannot leave an opportunity that is better than the existing one. As well, you are allowing them to retain you. Ask them to allow you to leave if they are unable to provide the opportunity in terms of position and compensation. At the same time, if they allow, simply leave and express your inability to pay the bond amount if they insist. These things you should speak to top people only, not with any superiors, as they may mess up the situation and try to play on these tactics.

One thing, your superiors should not know that you are meeting the top people. Because top people, once they make a decision, stand by it due to their position or ego, whatever may be, and their capabilities and thinking are beyond an ordinary superior or so-called 'managers'.

Murali.

Hi, there won't be any legal issues if you break down the bond. But make sure that you have received all your original documents if you deposited them at the time of joining. One more suggestion is, since you are still working with them, it will be easy for you to get a job as you have company ID. Keep your resume in portals and hide a few details. Best of luck.

Hi there,

It is important for you to know that bonds are actually not legal in India; hence, you are not bound to keep the bond. Good luck with finding a better opportunity!

Hi,

You have not mentioned the terms and conditions of your bond, nor have you mentioned the liquidated damages which you will be obligated to pay in case you breach the bond. I suggest meeting with a good labour law practitioner or service matters counsel to discuss your case with them.

Best of luck,
Jai

Hi,

Don't worry. Go ahead, first talk to management and share your problem. If they still cannot satisfy you, you can leave the organization at any time and join another one. Just go through the information below:

We cannot restrain our employees from joining a competitor. The freedom to change employment to improve service conditions is a vital and important right of an employee that cannot be restricted or curtailed.

The negative covenant clause in service and employment contracts cannot be used against an employee. No restraint can be imposed on an employee after they have left the job or have been terminated, as it goes against the principles of Section 27 of the Contract Act.

In a case, the Delhi High Court clarified that such contracts are unenforceable, void, and against public policy. In fact, what is prohibited by law cannot be permitted by the courts. An employer, like a bank, cannot perpetuate forced employment on an employee under the guise of confidentiality. The court rightly rejected the bank's application, stating that there was no prima facie case presented by the bank, nor was any balance of convenience or irreparable injury established to justify an injunction against the employee quitting employment.

Have a good day!

Please read the following links. No bond is valid in India.

- https://drive.google.com/file/d/0BxP4Z8a7CqZGSWR2Y3psOEFzOVU/view?usp=sharing
- https://drive.google.com/open?id=0BxP4Z8a7CqZGVjNvb1BWRUdOTEE
- https://drive.google.com/open?id=0BxP4Z8a7CqZGQ29WS2MybTlJbjA

I can provide you with 40 similar judgments.