Facing Harassment at Work: Can I Break My Bond Without Paying the Penalty?

Hi, ALL

I am working as a recruiter in an international recruitment company in Delhi. In my workplace, harassment by my immediate manager has reached a menacing proportion. To make things worse, I have signed a bond with the company for one year, the breach of which will cost me 1 lakh rupees.

My manager is threatening to terminate me and make me pay the bond money. So, I would like to ask a few questions to all who can help me:

1. Is bonded labor allowed in India?
2. If the company is terminating me, am I still liable to pay the bond money?
3. If the company is shifting its office to a different location where I would not be comfortable traveling, will the bond still hold valid?
4. Is there any legal step that I can take against my manager to stop him from harassing me?

Please help!

Dear Swetha,

First of all, I am one of the people who recently resigned from an ex-organisation because of the same problem faced by you.

My friendly suggestions are:

1. First of all, bonded labor is abolished in India according to the Supreme Court of India.
2. The only reason companies still ask about the bond is to make employees stay for a longer time.
3. If you go to court, the final verdict will likely be in your favor, but as you know, in India, it may take a minimum of 2-3 years.
4. If you file a case against your manager, it could create significant problems for your career as the organization may hesitate before hiring you again.
5. A better approach would be to submit a resignation letter to your supervisor from your personal email ID. This way, it will be stored in your sent mail, and if needed on paper, you can have them sign a copy for your records. This will be sufficient for another organization to understand that you have resigned, and any further issues would be between you and the organization.

All the best.

Dear Sweetavantica,

Don't worry, some suggestions are there from my side. No organization can take a service agreement from the employee until and unless such firm appoints anyone as a trainee. If any organization takes a person as a trainee, then they can take an agreement from such a trainee with an assurance to serve them for a minimum period of two or three years after the completion of the training period. The reason behind this is that during imparting training, the organization has to incur some expenditure such as stipend, benefits extended to the candidate during the training period, etc.

In such a case, there will be justification for the organization to ask the candidate to give a service agreement, and on their failure to fulfill the obligation, the organization can recover compensation from the candidate. However, the amount should not exceed the total amount spent towards training expenses on that candidate. On the other hand, without giving or imparting any training to an employee, no organization should take a service agreement/bond and insist on them serving forcibly.

In your case, you did not specify whether you were taken by your company as a trainee or a direct employee. If you were taken as a trainee, then you are required to pay the service compensation to the organization if you leave during the agreement period on your own accord. But, you need not pay any such amount if the organization terminates you without any mistake on your part.

Regarding harassment by your immediate superior, why did you not make a complaint against him to his next immediate boss by stating all the facts? Many organizations across the country, particularly in Delhi, aim to protect the interests of individuals like you. I sincerely advise you to approach your higher bosses, explain the problem you are facing with your immediate superior, and wait for their response. If the purpose is not served, then you should approach the higher bosses again, ask about your complaint and the action taken against him. If they are reluctant to take action against the person you complained about, then submit your resignation, stating all the facts that led to your resignation, and request them to waive the agreement compensation so you can quit the services without paying any compensation.

After submitting the papers, you need not worry about your liability for compensation payable by you since the management failed to address your concerns. No court can compel you to make payment in such a case. Try to record the threats of your manager and submit the evidence to any human rights commission for quick redressal of your grievance if you desire to do so.

On the other hand, if they ask you to shift from your current place to somewhere you cannot go, make a request to them stating that for security reasons, you cannot join in the new place and ask them to accept your resignation.

I believe you can find some solutions to your problem by following the advice I have given above. Try to settle your case amicably with your higher bosses as soon as possible and avoid making it a legal issue unless absolutely necessary.

Regards,

NVRao

Hyderabad

Before suggesting any relief measures, I would have liked to see the members ask Shweta the following questions:

1) What kind of harassment are you talking about? Is it sexual or work-related? If it's sexual, then I think you can raise the issue and get plenty of advice through this forum, as it is not the first time someone has raised such a question. If it is work-related, please clarify what you consider harassment in the workplace. Is it that your manager has greater expectations and wants you to meet them, or is he conspiring to portray you in a negative light because the work is beyond your domain or something that cannot or should not be done in relation to the end result?

2) By now, everyone on Earth knows that bonded labor is not allowed where democracy exists. Therefore, calling it the same is meaningless. Instead, first consider the fact that the company has invested time and effort in training you to perform a task that no other institution does, and they pay you for it as well. What does the company do when, after training, you jump to a competitor offering a higher salary? Are you willing to compensate the company in that case? Regarding office relocation, I believe these matters are typically discussed at the time of signing the bond, not during the term of employment. Therefore, if there is a clause in your bond regarding this issue, it will be upheld; otherwise, it will not. Personally, I have observed that not all, but most trainees, once trained, provide frivolous reasons only to resign and join a competitor later. Greed still prevails where money is involved.

As Mr. Nvraovskp said, contact the immediate superior to settle this issue. Best of luck.

Hi,

Days have changed, and we need to reflect on ourselves. Whether to continue or not? A good relationship will always work out; sometimes it may seem time-consuming, but the word "harassment" can quickly turn into torture and affect mental health. If this is true in your case, have you sought your colleagues' opinions? Are they calm about the harassment or not? Anyways, legal action and courts may not be very effective; it's a lengthy process. Sit down and try to resolve the issue. If not, consider taking a 15-day leave to reflect and find the best solution.

No manager wants to ruin their career. If your manager is truly behaving as you described, escalate the matter to their superiors in a professional manner. It's advisable to explore other alternatives.

Take care,
Ashwin
Hyderabad

This is very useful and informative. I would like to add to this. In my case, while joining, my appointment letter mentions that if I leave within 1 year of joining, then I have to pay 3 months' salary. Does this situation also fall under Bonded Labour?

Dear Sweetavantika,

I agree with the suggestion given by Mr. Rao. You must complain to his senior boss in writing so that you will have proof. All the best and don't worry.

• A bond is an agreement signed and executed between two parties, detailing the responsibilities and liabilities of both parties in certain events.
  
• A bond is a written and signed document, and if you go through it carefully, you will find answers to all your questions and queries.
  
• In case certain provisions of the bond are discriminatory and in favor of one particular party, the bond will definitely not stand trial in a court of law. However, as suggested by many CiteHR members, the court process takes a very long time. In this particular case, that time will have to be spent by the employer.
  
• I do not think the employee will have to pay anything to the employer in case of termination. However, I do not understand why the employee is willing to accept the stigma, insult, and humiliation of termination.
  
• You are demeaning and insulting yourself by calling yourself a bonded laborer.
  
• In the first place, you should give a written complaint to management articulating the so-called harassments by your boss and wait for positive action. If nothing happens, you can seek outside legal help if you feel it's necessary.
  

Thanks & Regards