Feeling Stuck in a Job with Unfair Bond Terms – How Can I Navigate This?

Hi All,

I need important help from all of you regarding my career.

Currently, I am a Trainee Systems Engineer working for a small company in Hyderabad. I would like to inform you about my situation in our organization.

Note: Please find the attachment along with this post.

1. I was recruited here after a technical interview in JD Edwards (one of Oracle ERP), which I learned good basics of on my own from my brother in the US.

2. At the time of appointment, when asked orally many times, I was only told that the bond period exists for 2 years only. As I was a fresher in the market, I felt it was a good opportunity and accepted the 2-year bond, keeping good hopes on the management.

3. To be frank, even after completing 6 months here, they did not provide me with any important training that would help me survive in the market. They have put me into some related 3rd-party tasks for 6 to 9 months maximum (as they say) up to my probation period of 9 months.

4. Doing the work perfectly that they have assigned me, coming by 8:00, working on Saturdays and Sundays, and even coming in on some national holidays whenever they called me, I have followed all the rules with patience, believing that this would benefit me in the future. I have also received 2 emails from the CEO appreciating my work.

5. After all this, when I asked for a leave, I was bombarded with questions about the reason for my leave. I was told that there is no backup, so please avoid taking leaves if possible. Hearing this, I lost my patience but still remained calm and avoided taking leave. I have taken a total of 5 leaves and worked extra days for a total of 7 days, resulting in more than 100% attendance.

Let's leave all this now and come to a conclusion. I have 2 more months of probation. With all this dissatisfaction, I inquired about the rules for termination as I did not have much idea as a fresher. I do know that as per the bond rules, I need to pay 2 lakhs if I leave within 6 months of confirmation and 1 lakh after confirmation but before 2 years of confirmation. However, I do not expect good opportunities with only 6 months of experience. I cannot continue working here with this kind of treatment and management style.

Even though it's not mentioned in the bond, they insist that I have to pay 2 lakhs even if I leave during my probation period. This is the difficult situation I am facing here. I would like to know what can be done to resolve this situation.

I would be very thankful for all your valuable suggestions.

Hope to hear from you, my dear seniors. This is urgent for me.

Thanks and Regards,

Sri.

Hi,

You can speak to a legal practitioner about the bond. I'm sure there exists a way to get out of it.

Hi!

I understand that you might be going through a lot, but the fact remains that in case you break the bond, then you are liable to pay the amount mentioned in the bond. If you file a case, the company might blacklist you as an employee, and if it is a big company, it might also spread the word against you.

But still, if you find it impossible to carry on, then you can mend your ways such that your boss gets you fired from the company; that's the only way. However, you will have to really think hard about the pros and cons of it and find a job for yourself outside and far from your current city of employment.

I'm telling you this as I have worked in HR with an IT company, and we used to recover the bond money from any employee who broke it. We gave no respite to anybody in any case unless it was termination.

Regards,
Neha

Dear Neha,

Thank you for the response. It is not mentioned in my BOND agreement that I need to pay 2 lakhs if I leave during my probation period. The bond exists only for confirmation services. The only point mentioned in my appointment letter is: "the person who has signed the BOND at the time of joining has to compulsorily serve their bond period." Then, I don't know what the probation period means? Also, as the letter says the bond is for 2 years of confirmation services, how can he keep my originals with him from the probation period itself...?

Please, due to the lack of corporate culture and professionalism as a fresher, I only signed the bond just listening to management without reading it properly. Please let me know your suggestions further.

Thanks in Advance,
Sri.

Hi,

It is very difficult to give you the correct suggestion unless I have gone through the appointment letter and a copy of the bond (if you have that). So, if you feel comfortable, you can email me a scanned copy of both or either one that you have at nehabagga@hotmail.com; probably only then would I be able to suggest any further.

Neha

Hi Sri,

LEAVE THE COMPANY IF YOU THINK YOU CANNOT CONTINUE ANYMORE THERE. The reason is, the bond generally is one-sided and has no importance associated with it. But in certain conditions where the company has sent you for an abroad trip for special training and the company has incurred a huge cost for your training. As per your posting, I don't see that the company has invested anything on you except the salary amount. We also have some legal consultants on this forum. Probably change your subject line to "LEGAL ADVICE REQUIRED" to have some more details on the same. But I can assure you that if you leave the company, there is nothing worse going to happen.

Regards,
Kumar M

The above suggestion is based on the assumption that you did not submit any of your original documents to the company, such as your 10th class certificate.

Regards,
Kumar M

Hi Kumar,

Thanks for the idea. I have changed the subject as you said. But spending 2 more years, I just can't even digest that in this situation. So, my doubt is, how can he say to pay 2 lakhs when he is paying me a very low salary (7500/- p.m) and it's been only 6 months? I was shocked hearing that. He was talking so softly at the time of joining, but why doesn't he understand the employee's problems? I am not asking for luxuries, but as a fresher, I am asking for good growth and scope. Is that any crime I am committing that it seems he is punishing me? So please suggest me something further to get rid of all this.

Thanks, Sri.

Hi Kumar, that's where my main problem is... I have submitted all of my originals to him at the time of joining itself, so can't I do anything in that case...?

Hi Sri,

Every corporation is practicing getting bonds for freshers. It's for 18 months to 2 years. It's not new, so do not be worried.

First, try to get your certificates. Apply for duplicate certificates if possible.

In parallel, talk to your management and make sure your concerns are addressed. You need to be smart; you will have to find your way out. Remember, wherever you go in this world, the situation would be the same. So, it's granted that you will have to stay here. A man's best learnings are from his sufferings - always remember this.

Put every effort into learning new things. The next 2 years will just go by. Luckily, you are at the client's place, so you have every opportunity to learn new things and interact with knowledgeable people.

Do not panic. It's not the end of everything.

Instead of getting into legal terms and wasting time, focus on your technology and work. Two years of experience is worth more than 2 lakhs; you will realize this after completing 2 years. Do not worry.

Take care.

Regards,

Radhika

Hi Radhika,

Every company is now taking a bond of a maximum of 2 years. Here, they state that 2 years, excluding the probation period, means a total of 2 years + 9 months probation + 3 months notice = 3 years in total. I am finding it challenging to attend to my small personal tasks such as paying bills and managing bank work. Additionally, I have not been granted a single leave, even though I have worked 7 extra days in the past 6 months. There are also no holidays on Saturdays. I don't believe a person can endure such conditions for long. However, it seems futile to pursue legal action at this point. It would be more beneficial for me to focus on improving my technical knowledge. When the right time comes, I will speak up. Thank you for your response, Radhika.

Anyways, thanks for the response, Radhika.

Sri.

Hi,

Just check with other senior employees of the company to see what individuals in a similar position to yours have done in the past and how the company responded to them. Once you have this information, you will be in a better position to act.

Secondly, try to secure a good job in the market before considering leaving your current employer.

Thirdly, approach higher authorities (not the one who is denying your leave requests) and express your concerns. If your concerns are genuine and reasonable, I am confident they will assist you.

Nobody wants to lose an employee over trivial matters, and I believe the individuals at the senior level are competent, or they would not have attained their positions.

After taking these steps and if your concerns remain unaddressed, consider obtaining duplicate copies of all your certificates from the university and seek a new job. The bond you have with the company holds no value as they have not invested any money in you, making it non-enforceable in court.

Dear Sri,

Sorry to hear about your case and for replying late; I did not notice it earlier.

If you had not submitted your original testimonials, I could have suggested how to break free from the situation. However, now you have two options:

1) Retrieve the originals by any means necessary, and then I can guide you on the next steps.

2) If the above is not feasible, consult a reputable lawyer. The lawyer should specialize in employment issues or be a top-notch criminal lawyer. I refrain from providing specific advice on how to proceed as it would be imprudent on my part.

I can inform you that once you have submitted the originals, this forum may not be the ideal place to seek assistance. This is a serious matter that necessitates professional guidance, which is best handled through face-to-face interaction.

The only suggestion I may offer is to consider filing an FIR against the company to recover your documents. However, please seek advice from a competent lawyer before taking any action to avoid further complications.

Regards,

SC

Hi,

Per me, no company can make individuals sign a bond unless there is an investment made in an employee by training him (hold good for freshers). You can leave the organization with no hassles in your mind. The next piece of advice would be to get the documents scrutinized by a corporate lawyer to understand the meaning of legal terminologies.

Regards,
Veena

Hello,

Why are you so worried? I am from the HR department, and I suggest that you start behaving "BINDAS" with the company. Sharpen your technical skills and begin looking for a new job. Start being absent and appearing in interviews for another job. Either the company will improve its ways, or you will find a new job. Do not leave the company unless you have a solid job offer in hand.

Amit Tyagi

Hi Amit,

Thanks for the suggestion, but you are aware of the management here. He says, "How can you take leave without my permission?"

Moreover, my problem is that I haven't completed a year yet. To secure another good job, I have excellent communication skills and technical expertise, but I lack written experience letters. The most important issue is that "MY ORIGINAL DEGREE CERTIFICATES ARE WITH HIM," and he is manipulating everyone as all employees have to submit their originals here.

Please suggest a strong course of action for me to proceed.

Thanks in advance!

Sri.

I am also working with same kind of Management where No leave is permitted. Your actual problem is “Originals” with the Company and Not the bond money or experience.
Serious advice is have patience because other side of fence may not so Greener as you are looking for. You have already completed 6 months, stop crying and complete your minimum time of 2 years and mean time try to get your originals backs using any innovative idea.
Legal path will only demotivate you and it is a time taking process.
Have Patience and maintain your self-esteem high
Best Wishes
Amit

I am also working with same kind of Management where No leave is permitted. Your actual problem is “Originals” with the Company and Not the bond money or experience.
Serious advice is have patience because other side of fence may not so Greener as you are looking for. You have already completed 6 months, stop crying and complete your minimum time of 2 years and mean time try to get your originals back using any innovative idea.
Legal path will only demotivate you and it is a time taking process.
Have Patience and maintain your self-esteem high and read the article “The 13 Absolutely Unbreakable Laws of Success” by viraj0017 (Very Good)
Best Wishes
Amit

Hi Sri,

You need not worry because I know there is a way out of this situation. If this is a scene of exploitation and unfair practice on the side of your company, opposing the wrong requires courage, and you have that courage. Be tactful rather than nervous, okay.

Can you please mail me the scanned copy of your bond? I will go through it in detail and will be able to give you accurate advice. I will only say, don't worry, be patient; there is a way. Just give us some time to sort out the best way.

Bibhutosh

Hi Amit,

Thank you for the advice first. I want to ask a simple question now. Do you have to work on national holidays at your company, even if you work on Saturdays?

I am not concerned about taking leaves unless I am seriously ill. I don't feel like I am working in a software company. Many employees here describe it as worse than a school. There are no allowances provided, not even a parking area for two-wheelers.

I only mention that I work on the Oracle ERP platform to society. However, even after two years, the salary I receive cannot help me repay my educational loan. To be honest, employees who have been here for two years are earning less than 14. I have confirmed this with some friends. Is the situation the same for employees in your company?

I kindly request you to reply.

Sri.

Hi Sri,

As per the law, the probation period is for six months. After that, if your performance is satisfactory, the management can make you permanent or put you on another six-month probation period. However, after 12 months, they cannot put you on a probation period.

With Regards,
Nirmal Kumar Sahu

Hi there,

Actually, the probation period in most companies is 6 months, which can be extended in case of unsatisfactory performance by the employee. But your case is different. As I understand, you have signed a service bond for two years. I would suggest you talk to your HR Department and express your feelings in terms of the learning you are getting from the firm. Also, let me know what the terms of employment are. Has it ever been mentioned that you would be required to work more than 48 hours? What is your workweek - is it 5 days or 6 days? How are they making you work?

I am just asking you all this to get a better understanding of the situation at hand. If you think there is not much learning in your organization, then you should consider leaving the organization. However, I would say that is an extreme step, considering your experience in the market.

There are ways and means of handling a legal bond. I shall let you know the same once you provide complete information as mentioned above.

Regards,

Avi

Don't worry, you can leave the job if you want to. The Indian legal system doesn't allow the bond system wherein a person is to be retained to perform any activity that they do not wish to perform.

Any training that the company provided to you was for increasing your potential as an employee of the company, and hence the company benefited more from the training than you.

The company can, at most, send you a notice just to scare you and nothing more. However, you can also file a reverse criminal complaint against the company. As the company is a legal entity and can't be arrested, the company's directors and managing director can be arrested as they act on behalf of the company and perform all activities for the company.

The company, at most, can stop you from working with their competitors. However, this is only possible if you hold a designation where you handle lots of confidential documents of the company. If these documents land in the competitors' hands, it will harm the company's goodwill and business.

Hi Avi,

Management says, as mentioned in my appointment letter, my work week is 6 days, i.e., 48 hours. Apart from that, I should be available on Sundays if required, and even on public holidays. There are no optional leaves or compensation for extra work done (which I don't require as I am a fresher, of course).

In my appointment letter, it's clearly stated that the minimum probation period is 9 months and can be extended as per management's decisions. I assure you that they have not invested in providing any important training for me so far.

I would like to know if you need more information from me. I believe I have provided sufficient information in my initial post's main topic. However, I am ready to provide any kind of information needed. I only request your help to navigate this career challenge.

Thank you.

I am a practicing lawyer dealing with employment laws. Get this very clear - the company cannot do anything to you or even try to enforce the bond. Bonds and non-competition agreements have no legal validity unless the company can prove that it imparted specialized training to you for which it incurred costs; it cannot claim a penny. Companies can only claim amounts that they may have actually spent on training. Bonds are a means used by companies to psychologically bind employees. The unfortunate part is most educated candidates do not seek legal advice before signing contracts. Signing on a stamp paper means nothing; it does not sanctify the contents of the document. It only ensures the date of the document, and if registered, the fact that the parties were not forced to sign. This does not mean that because you were not forced to sign, the document becomes enforceable regardless of contents. It also ensures revenue to the government.

If the company refuses to give you the originals, you can send them a legal notice and even file a police complaint. NEVER part with your originals. Always have at least three copies of all important documents attested by a notary as true copies. NEVER join a company that asks for originals for custody as this is the first sign of an unscrupulous employer.

Hi Shekhar,

I am also going through such a situation and need your legal advice on this matter. In my case, the company is demanding 3 lakhs, and unfortunately, they have terminated me and are now threatening me with legal consequences. The company is a big IT company in Hyderabad, and they have a significant legal muscle. Please let me know what I should do.

Thanks,
Samir

[Quote: Shekhar Bhonagiri] I am a practicing lawyer dealing with employment laws. Get this very clear. The company cannot do anything to you or even try to enforce the bond. Bonds and non-competition agreements have no legal validity unless the company can prove that it imparted specialized training to you for which it incurred costs. It cannot claim a penny. Companies can only claim amounts that they may have actually spent on training. Bonds are a means used by companies to psychologically bind employees. The unfortunate part is most educated candidates do not seek legal advice before signing contracts. Signing on a stamp paper means nothing. It does not sanctify the contents of the document. It only ensures the date of the document, and if registered, the fact that the parties were not forced to sign. This does not mean that because you were not forced to sign, the document becomes enforceable regardless of contents. It also ensures revenue to the government.

If the company refuses to give you the originals, you can send them a legal notice and even file a police complaint. NEVER part with your originals. Always have at least 3 copies of all important documents attested by a notary as true copies. NEVER join a company that asks for originals for custody as this is the first sign of an unscrupulous employer.

You have not been given any special training by this company, so you can challenge this service agreement. If you don't want to get into legal complexities, start taking leaves continuously, and show fake medical certificates; they can't stop you from doing this. Don't do your work diligently as you did before. Always remember "you can lead a horse to water, but you can't make it drink." Understand your company's leave policies and HR policies before doing that.

Since it's a small company and they don't have backups, they can't just keep you like this, and pretty soon they will ask you to leave. In the meantime, look for alternatives in other companies. JD Edwards is a big name in ERP; you will definitely get a good job with better prospects. And remember, when you take leaves, utilize that time in getting a job!