Navigating My Wife's Employment Bond Dilemma: Should She Resign, Return, or Abscond?

Hi, I am in the USA on an H1 visa. My wife was working in India; I came here 7 months ago, and she joined me here 1 month ago. She came to the USA on vacation for 2 months as my assignment is short-term. We initially planned to go back and continue our jobs, but my assignment got extended to long-term. This makes it challenging to stay apart from my wife for an extended period.

Considering Options for My Wife's Employment Situation

In India, she has a 3-year bond with her current company, which includes a penalty of 2 lakh rupees. She has completed 2 years in the company so far and cannot return to complete the remaining 1 year. We are considering options: should she resign from here, go back and resign (even though the penalty amount is significant for us), or choose to abscond? What would be the consequences if she decides to abscond? Your guidance on this matter is crucial for her career.

Thank you.

The case you presented is very humane. Please check the document your spouse signed. Mostly, the amount is based on a fixed duration within the lock-in period. This entails that 2 lakhs were to be paid within a fixed period, beyond which it's only about the remaining amount. If this is so, the amount she might need to pay is far lower.

Ask her to begin discussions with her reporting head, requesting a sabbatical. If she can take a break for a year and then rejoin the firm, it can save her a lot of hassle. If required, she can enroll in any education within this period to support her case.

Try to encourage her to save the job, or at the very least, request a release on humanitarian grounds. Ideally, the bond is designed to keep the talent productive in the role. However, if the talent is absent or unable to deliver, it doesn't serve any good. In your case, staying in different countries for a prolonged duration only to attend to duties isn't very humane. Avoid absconding at all costs.

I am certain you will find the best solution. I wish her all the very best!

Thank you for the response. As per our understanding, they will not provide a sabbatical for one year, and the bond is for three years with no deduction based on time served. Regarding humanitarian grounds, they have zero values. For the vacation only, we tried very hard. Now, we are worried about why we joined such a company and do not understand how to protect our career and stay together. We have payslips and bank statements. Will they work to show experience? Will absconding work for us? Please guide us.

Thank you.

It seems like you have made up your mind to 'abscond.' As (Cite Contribution) mentioned, resist the urge to abscond. If you are trying to solve this problem through this approach, please note that you are about to create another—FAR LARGER—problem. Since she is also in the IT industry, she is bound to have a tough time during her BC when that time comes—especially since this will be her 'most-recent' job when she begins to look for another job later on—and I am discounting the option of faking the resume to avoid showing this experience at all for more reasons than one.

Though it's a tough call for you, the only option your wife seems to have is to pay up and get relieved the proper way—and learn the lesson.

All the Best.

Regards, TS

Dear Chetan, I second Sateesh. Please put a request on humanitarian grounds, in writing, offering all options to the company for release. Mention every process towards the release, regardless of how they treat it. Keeping communications courteous and to the point will prevent them from getting too messy. We are certain she will find the best way out!

Consider the Consequences Before Breaking a Bond

Shun the thought of breaking the bond in any form! Be amenable to the terms you have signed voluntarily and kindly find no excuses to behave differently! For a little selfish interest, it is unwise to sacrifice one's honor! Having said that, please also consider the consequences of being blacklisted. The future could be affected, and it will take a long time to reconstruct the future! Please do NOT succumb to the temptation of "absconding"! Whether there are "consequences" or NOT, it is WRONG to do so, and for that reason alone, one should not entertain even the thought! Ultimately, it will be your decision!

Regards,
Samvedan
August 12, 2012

Breaking the Bond Under the Bonded Labor Abolishment Act

She can break the bond under the Bonded Labor Abolishment Act at any time but may get blacklisted in the IT master list.

Leaving the Company Under the Bonded Labor Abolishment Act

You can leave the company under the Bonded Labor Abolishment Act. However, you may be blacklisted in the IT master list.