Facing Bond Issues and Unpaid Deposits After Leaving Malabar Gold for Further Studies: What Are My Options?

Job Experience and Bond Issues at Malabar Gold and Diamond PVT LTD

My name is Abdul Razak, and I'm from Bangalore. After completing my BBM, I applied for a job at Malabar Gold and Diamond PVT LTD. They had a 3-year bond and required a deposit of 10,000 Rs to sign in. Initially, they informed me that the job timing would be between 10:30 am to 8:30 pm. However, after joining, I realized that the job had very demanding hours. They required us to work until midnight, sometimes even until 1 am or 2 am, without providing food at the proper times.

After working there for 5 months, I decided to pursue my MBA with a focus on Finance and Marketing. However, according to the bond, they are refusing to return my deposited money of Rs. 10,000, stating that they provided me with training. I explained that I did not receive any training from the company. If I were to file a case against the company, do you think I would have a chance of succeeding?

Many people at the company received training, but I did not. Some of my colleagues also underwent training.

Thank you.

Such a wretched and piteous consequence to be faced by one who wishes to be free from this "BOND" situation. From the situation, it's high time that you review your original bond signed with the employer regarding the breach of contract/bond/agreement. If there is a clause about giving notice to the employer in case you wish to terminate your services, read and understand it. I suggest you give the required notice period to the employer to resolve the situation without a potential breach.

Many employees are unaware that they can break an employment bond if unauthorized changes are made by the employer during their tenure. In your current position, the change in the working schedule without appropriate notice, as expressed in:

"They made us work there till 12 am sometimes 1 am or 2 am in the midnight."

shows considerable changes made by the employer, which works in your favor.

Regarding the issue of not getting your deposited money of Rs. 10,000 back as they claim to have provided training, express your point that you have not received any training per the company's standards. You could ask them to provide a training certificate for your future reference, which they might not have intentionally provided. Additionally, inquire with others about the training they received for their job.

Discuss these points with the HR or the relevant parties, assess your options, and then determine the best course of action. While you cannot demand your money back, you can certainly request it. If the employer continues to deny your request, there are steps you can take, including seeking assistance from a conciliation officer at the Labour Commissioner's office.

Best regards,
[Your Name]

Understanding Your Rights Under the Factory Act

Your work timing is a 12-hour shift, which is not allowed under the Factory Act. That, in itself, is a good ground for breaking the bond (assuming, of course, that you have it in writing or some proof that you were made to work 12-hour shifts).

Considering the Costs and Consequences

However, in reality, though you can make their life a little difficult and may finally get your ₹10,000 back, the process is difficult. The cost of the lawyer fighting the case will be higher, and the disruption in your study will be just as high. In addition, this case may affect your future job prospects.

Evaluating the Importance of the Deposit

So you need to check how important this ₹10,000 is to you. If it's not important, then first ask them to give it back, giving reasons (check your terms and find a loophole), then with a lawyer notice and perhaps with a complaint to the labour officer. However, if it's not working, then drop the matter and mark it for future reference and be careful when you sign any bond.

I am with Saswatabanerjee—at the end of the day, it's your overall priority that should decide your course of action. Please be realistic—many times in a career (or even personal lives), what may be absolutely legal and ethical need not necessarily be the realistic course of action. This is where the individual's priorities come into play.

In your case, do your best to get back the 10K the company needs to return to you—but please also think about where you should draw the line, keeping the tangible and intangible costs of pursuing the matter beyond the line in mind.

All the best.

Regards,
TS