Feeling Trapped by a Job Bond and Probation: Can I Return to My Old Job?

Dear all, I made a blunder by leaving a stable job in less than 4 months for a job that offers me double the salary. However, within 2 weeks, I was advised by people here that the culture is not good, life is very difficult, and job security is lacking. Plus, I have signed a bond with my present employer for 3 years, which amounts to 2 lakh rupees. Also, the company has put me on probation for 6 months, and the appointment letter states that the company can terminate me during the probation period. However, if I have to leave the company, I must pay them three months' salary, in addition to the bond amount.

I want to talk to my previous company to see if they can take me back, as they have not yet found a replacement. I can also work there for a long period, but can I leave my present company under these circumstances? Please help. I am very tense. Also, I feel that the more time I spend in this company, the more difficult it will be for me. Or am I already trapped? Please help.

I see no reason why you should leave your present company. Are you personally facing any problems here, or is it that only your colleagues are scaring you? You work diligently and give your best. Also, if you want to leave the company, you can always do so by giving the bond amount.

Thank you for your reply. Currently, I don't have much money as I have only been in my job for about 10-12 days. The company did not incur any costs in my training as I already had 5 years of experience. I understand that there may be problems if I stay here for a longer period, but if I were to leave in less than a month, and not for a higher salary but for half the salary, would I still encounter any issues?

Please let me know your thoughts on this matter.

Thank you.

How can you say it is one-sided? Is it not mentioned in the appointment letter which was accepted by you?

Pon

Dear Pon, I want to say that the company can terminate the contract without any liability within the first six months. However, if I have to resign (not within six months but less than one month), I am required to pay three months' salary. Additionally, when I signed the appointment letter, I had already resigned from my previous company and had no choice but to sign. Thank you.

I would also like to know if it would be advisable for me to leave within one month and not claim a salary from them. In this case, isn't it true that the company has not contributed to my grooming or training?

With all the above-mentioned posts, I could not make out why you want to leave the company. Is it because your colleagues are saying so? Then, my dear, think about why these individuals are still working there. If they are recommending opting out of the bond or leaving the company, don't you think they should do that first as well? Don't follow people's advice blindly; you have known them for the past 12-15 days.

When you accepted the appointment letter, you accepted all the conditions mentioned there. The company did not force you to sign the bond. If you leave within a month or six months, the company will ask you to pay the amount once they have your signatures on all the required documents.

What are you running from? I would like to know that first before giving any further suggestions.

Issues Identified in Your Decision-Making

I see three issues in your posting:
- Listening to others and making your decisions.
- Comparing—without the full facts—between two opportunities; basically, a half-baked decision structure/attitude and failure to "Look BEFORE you Leap."
- Some details you mention are either misconstrued or misrepresented—to say the least.

Addressing Each Issue

1. First, ask those who tell you about the second company 'WHY' they say what they say—based on WHAT experiences? YOU DECIDE if those reasons apply to you. To give an analogy: If you have serious financial problems at home, 'maybe' you will stick to the second company because you need the money to fulfill your responsibilities—irrespective of whatever stories you may hear? From another perspective, Archna said it right: why are they still working there if the situation were so bad? There can only be two reasons—I am sure you can understand them, since you do seem to be quite intelligent.

2. Like Pon and Archna mentioned, IT'S YOU WHO SIGNED the Offer Letter. So IT'S YOU WHO SHOULD FACE THE CONSEQUENCES. If you wanted to raise all the queries that you NOW raise—regarding probation, etc.—you should have done them THEN and BEFORE you signed.

3. Your first posting says, ".........leaving a stable job in less than 4 months for a job that is giving me double the salary"—thereby implying that you resigned from the first job AFTER you got the present company's offer IN-HAND. But later—in response to Pon—you say, "........when I signed the appointment letter, I had already resigned from my previous company and had no option but to sign." NOW WHAT'S THE TRUTH? And the COMPLETE TRUTH? Like Archna mentioned, the reasons for leaving the current company don't sound very convincing, logical, or straightforward. In fact, I would like to go one step further... but also would like to desist from commenting further, since I wouldn't like the focus to get shifted.

Please respond with FULL and COMPLETE FACTS if you want this forum to give you practical and ethical suggestions/advice.

Regards,
TS

I was employed with a very big company, but I worked there for only three months before receiving an offer from my present company. Due to greed and the lure of double the salary hike, I accepted this offer and signed a bond with them for three years. When I joined here, I didn't feel very good about the culture. However, what I heard from my colleagues is concerning:

1. There is no concept of appraisal and increment in the company.
2. Every three months, the company releases a list of underperforming employees who are asked to leave.
3. The Chairman of the company has even slapped some employees a few times.
4. Even employees at the VP level are asked to leave without any reason.

My colleagues from the previous company have mentioned that they might take me back. Although my previous salary was not good, at least there was peace, and I could have worked there for a longer duration if I hadn't been greedy for money.

Now, I want to ask: I do not have enough money currently to cover the bond amount. However, the HR had informed me before signing the bond that it is just a formality, and they do not encash the bond.

I have only worked here for 15 days. What if I work for one month and abscond without taking the salary? Wouldn't that be enough compensation since the company hasn't incurred any expenses on me, and I haven't received any salary from them either?

First of all, greed is always bad. Now, one question: did your present company provide you with any training before getting that bond signed? Please answer this question before I can offer you my opinion on the subject.

No, the company didn't give me any training. In fact, it will capitalize on the skills I have acquired from my previous company or companies.

Dear Abhi, you need not worry in such a case. A company can only get a bond signed, or you may say a bond is only valid when the company has given you any kind of training to improve your skills. Merely getting a bond signed is just making a fool of the employee.

Always work for an employer who can give you some respect. Without self-respect, there is nothing.

Now, during probation, if they can terminate you by giving one month's notice or at once, you can also leave the organization by giving one month's notice, which is totally acceptable. If they refuse, just send the resignation saying that you are willing to serve the notice period of one month, which is reasonable, and mention the bond you signed. Tell them that the company has not imparted any training to you, so you are not bound to serve the company for three years. Do not forget to attach a copy of your appointment letter and bond with it. Make two sets and mention on the bottom left corner that CC to Local Labour Commissioner. Then send one set to your company and CC to the Labour Commissioner. But all this should be used only when they refuse.

Thank you very much for your advice and kind words. It's a great relief to hear from you. I will definitely act on your advice.

Thanks

Regards

Based on the above facts and figures, please don't ruin your career. If, after working for 15 to 20 days, you feel that you do not fit in, you can quit. However, remember that change is the most difficult thing for a human being to pursue. It involves leaving the comfort of the old and familiar place and people.

At the same time, if it is a company governed by company law, you are always subject to many legal and company regulations. No one can force you to pay money or sign any document.

Thanks & Regards,

Sunil Kumar

Before making any decision to leave your current job, think twice or even thrice. Do not solely rely on the advice of your colleagues; instead, reflect on your own thoughts. Remember, you are not a child. If you wish to leave the job, do so without any fear. Personally, I believe that no company can take any drastic action in the case of a breach of contract.

Regards,
Mitesh

Dear All, Thank you for taking the time and offering your sincere advice on my problem. I acknowledge that I have already made a blunder in my otherwise smooth career. However, at this point in time, I feel that if given a chance, I would like to take one step back. I became greedy and am now being suitably punished by God. Ethically, I should not have left any company in less than 4 months.

Regards

I can understand what you are going through, but it's you who put yourself in such a situation. Anyways, coming to the point:

1. "Signing a bond for three years" - You should have thought about this first because people hesitate to even sign a bond for 6 months.

2. You should have made everything clear with them regarding the bond as well as the appointment. Did they mention anywhere only a certain amount as an annual salary (for three years)?

3. Never follow your colleagues for whatever they say. It is sometimes good to listen to all, but every time follow your heart. Many times it happens that you listen to your colleagues and you miss an opportunity to grow with the organization and later feel "I made a mistake."

4. If anyone says that there is no concept of increment or appraisal in the company, then "Why are those people still in the same company?"

5. Every company does an evaluation once in 3 months. As you said the probation period is for 6 months, then they just can't ask you to leave. There are chances for you to be provided another 3 months of training and then evaluation. Evaluation is done to check the performance and also the value employees add to the growth of the company where there are chances for "increment & appraisal."

6. No company can ask their employees to leave as they have to think about the resources (money, time) they put for the resources (employees, data to be provided).

7. Absconding will give a bad impression to your current company, and they might be more harsh on the people who may join later in the company with the bond as well as other formalities. Absconding from a company can also harm your future as they are a big company (there are chances for your profile to get blacklisted).

My advice to you will be: Stick with the company you are working with for three months. Concentrate on your work and not on what your colleagues say. Wait until the evaluation is done, and they announce the result. As you said, you can join your previous company.

Give yourself a second chance to prove your mettle is what I can advise you.

Regards

There will be many tougher situations in life that you will have to deal with, and may this experience give you much-needed learning. I believe that if you are in the top 10% of employees in performance, then management rarely deals as harshly as you fear. They are always in need of good employees. Do your best, and if you are true to your efforts and still face the worst, such as physical aggression or bad behavior, confront them and ask for a termination letter. No court of law will force you to pay a bond amount; you will simply need a good lawyer. However, if you perform well and manage to stay, believe me, your confidence will grow tenfold, and this job will be a great stepping stone in your career.

Hi Abhi, I would like to tell you that I have faced the same problem. However, as a point, I totally concentrated on my daily working targets. I have not heard from anyone, put myself into job learning new things, and kept myself totally busy. As a result, I have completed my 3 years' bond and received a yearly performance bonus of around 90% every year. Thus, I have come to know new changes in life.

Regards,
Rajkool

Facing Challenges in a New Job

Learn from the first-hand experience of raj042kool and follow it. You can also be sure that there are many who faced similar situations and did the same. I would have suggested the same had you sent me a PM, as I mentioned earlier—except that here you have a first-hand experience to go by.

Now that you have realized that you made a mistake, don't run away from it. Take it head-on and make the best use of the situation. Take my word—you will never regret it.

Like Raj Consultancy mentioned, no company—whatever be the size—will like to lose any employee who works sincerely and gives results. I know of quite a few employees who, just because of this reason—efficiency and producing results—had actually taken advantage of the company—sort of 'reverse situation'. Just focus on your work. I think there were threads in CiteHR too of such situations.

And anyway, you have a good salary—now you need to prove that you deserve that high salary—not to the company or anyone else, but to yourself.

I can explain the situation you are in from other angles too—but this isn't the time for it, I guess. So just get going and prove yourself.

And just question yourself about those who gave you feedback/information about the situation in this company—why are they still here if things were so bad? And I am sure you will find that quite a few of them have been in this company much more than you have been—and definitely not because of the bond.

All the best.

Regards,
TS

Within two weeks, how is it possible for you to predict the work culture and your work? It will take at least two months to adapt to the work culture. You mentioned that your CEO slapped some employees. Are you sure if that really happened? Did you witness that incident?

My advice is to concentrate on your work and try to gain knowledge. However, don't make decisions based solely on what others say. If you find it difficult to work in this atmosphere, go and talk to HR explaining that you require medical treatment and won't be able to come in for two months. Request leave during this time and, in the meantime, look for other job opportunities. Avoid going back to your previous company as they may not have a good opinion of you, and you may also find it difficult to face the same people again.

You have made up your mind to leave, but the fact is that you will have to pay the bond money and notice period as you have signed the document. Absconding is misconduct; no one will advise you to do this. If the company takes legal action against you, you will spoil the rest of your career.

I am sure there is something (culture) which you did not like in the present company, but until you are there, look for the better side of it (Double Salary). I would suggest you hold on in the present company for at least 6 months to complete your probation, do your best, and let the company evaluate you. Make enough money to cover if you are jobless in the coming months, and look for better opportunities.

Set Goals - Career Plan

What do you plan to do in the coming years? Which skill set do you want to be in? Upgrade yourself with knowledge and educational background. Don't look for shortcuts; these are testing times that allow you to learn from them. I know it's easier said than done, but it is like that.

If you still find that you are not appraised, then it is in your betterment that the company relieves you; don't resign. If you don't find the company to your expectations and you don't perform, let them ask you to leave at the time of your confirmation (completion of the probation period). Make sure that they relieve you; in that case, they cannot ask you for the bond money nor the notice period because they will break the contract. If they ask you to leave, then you can do so by asking them to waive off the notice period and bond money.

Think and take steps; don't go absconding. This will lead to a bad career in the future. I would like to tell you it's not bad if you don't like the culture of a company, but you chose to be there, so hold on, don't create problems for yourself, we all learn from mistakes.

All the best for your future.

Regards,
Deepali.

All firms look ahead for the performers; efficiency of work is what counts. You have got this job on your own skills. A bond is just to keep an obligation to work with a company for a specific timeline. However, if you don't perform, no company will keep you as a liability. In your case, you are still not sure about staying long-term due to what your peer has mentioned. The best way is to discuss with HR and take a leave on mutual agreement.

Thanks

First of all, I would like to say there is no bond system existing in India. Legally, no company can bind any employee to work for them like a slave. An employee has to perform because the work should speak for itself. One should always weigh the pros and cons before signing any kind of bond. I won't say that you were wrong to become greedy; large amounts are often used to lure candidates, and then they find themselves trapped because they are paid well and made to sign a bond.

I have seen companies that remove employees on probation without paying them salaries and without giving any notice period to find another job for themselves. However, if the employee has to leave, they are required to serve a one-month notice period; otherwise, they face consequences. Isn't it unfair on the company's side to formulate such a policy? Is it solely at the discretion of the company to dismiss an employee without any intimation or compensation, leaving the employee with no recourse?

Yes, I know it's unfair on the part of companies, but I have no one but myself to blame. Now my concern is that the project for which I was hired has been delayed for maybe a year. That means either I will have to sit idle or do some other work where I don't have the necessary skill sets. If the second thing happens, I am okay with it, but if the first thing happens, it is really like a sword hanging over my neck.

Options to Consider

Now I have three options:

1. Go back to my previous employer. Of course, I did wrong to him by leaving so early (less than 4 months) and ignoring the bond.

2. Work here for some time (6 months) and then start looking for a new job. I might have the money to pay for the bond, but what I have heard has really frightened me.

3. Start looking for a new job right now and change if I get a really good opportunity with a big company (even at a lesser salary).

4. The fourth option I am not sure about but work here for 3 years and serve the notice period.

Which option seems better in your expert opinion? Or maybe you have some other suggestions.

Also, I would like to add that when I was selected, I was asked to sign a bond, which I refused. However, the HR here told me that it's just a formality and they have not yet claimed the bond amount from anybody. So, I shall fearlessly sign the bond. Of course, I don't have this in writing.

Understanding Your Bond and Liability

Your bond and liability for three months' salary depend on the validity of the bond and liability under the law of our country. It is advisable to consult a lawyer if you feel compelled to quit.

Regards.

Thank you all for the time and efforts you have taken to help me in my time of need. I will try to act on your advice. Also, I have found a platform where I could discuss with all you expert people before taking any steps about my career in the future.

Thanks

Probation and Notice Period Clarification

My appointment letter says:

You will be on probation for 6 months from the date of joining, during which your services can be terminated by the company without any notice. After the completion of probation, your services can be terminated with three months' notice. Similarly, if you leave the company, you have to serve a three-month notice or pay three months' salary thereof.

Does this mean that during probation, only the company can terminate me without notice, whereas if I have to leave, I should give them 3 months' notice or salary?

The appointment letter has been very cleverly drafted. It is silent regarding the notice period you have to serve during probation while mentioning clearly from the company's perspective. In the given situation, Pon is right. Please note that the key words you can use to your advantage are: ".........and similarly........." which have been mentioned in the context of the after probation period. Since it is silent regarding the before probation period from your perspective, you can use the 'by implication' factor: meaning if the company can fire you without a notice period, you too can do the same during probation. However, I suggest taking final advice from a lawyer before taking any firm action.

Regards,
TS