Feeling Stuck in a Job Bond During Probation: How Can I Leave Without Penalty?

I have joined an MNC company as a Graduate Engineer Trainee as a fresher. I have signed a bond for 3 years and have submitted all original marksheets only (not certificates). Additionally, I have submitted a 2 lakh rupees cheque in the name of the company. I am currently in a probation period of 1 year, which will be completed in the next 1 month. However, I have realized that I do not enjoy this type of work and would like to leave the company. What should I do now? Please guide me.

Please include the details of the bond that you've signed to understand the implications of breaking the bond.

How to Initiate Separation

1. First, search for a suitable job.
2. Once you receive confirmation from the new employer, submit your resignation.
3. Adhere to the separation policy of your company by serving the required notice period.
4. Based on the clauses in your bond, we can determine the amount you would be liable to pay.
5. You have no option of absconding as you have your original mark sheet with the employer. (Just to inform you, no employer can ask for your original documents to be deposited as security. Please take note of it for future reference.)

Thank you.

Options for Exiting a Bonded Employment

Other options could be:

• If you have a new job, you can speak to the new employer about buying your bond and inform your current employer of your intentions to move on.

• You can speak to HR and inquire about paying out (if possible) and then exit.

It is not advisable to ever deposit original documents. Please be mindful of this.

Let me tell you the legal position regarding your query. For this, I need to know one thing: whether they have given you any type of training to groom your skills, which could have cost them significantly or not.

Steps to Take if No Training Was Provided

If no training has been given or the training provided is merely an eyewash, then do the following:

1. Lodge an FIR with the Police immediately: Keeping somebody's documents in their own custody by coercion is a criminal offense and also against the law, as it may also be termed as forced labor, which is again a criminal offense punishable by a fine, jail term, or both. You can get them arrested for this offense and can help others as well.

2. Do not worry and stop the payment of the cheque given to them.

Please understand that you are under no obligation to serve them. However, this is subject to you not being given proper training in lieu of the service bond.

Please do answer my query related to the bond. Only then will we be able to opine correctly.

I endorse the views expressed by Tyagi. Such bonds do not stand up to scrutiny before the law. Freedom of employment cannot be restricted by any person or organization. Of course, if your company has spent any amount on training, they have the right to claim those expenses. There are several case laws where courts have upheld the rights of the employee in such situations. Please go ahead and search for a new job, serve the notice for quitting the job, and complete the notice period only. Ask for your mark sheet originals, and if they are not handed over, file a complaint at the police station having jurisdiction over the company's limits.

Regards,
Haragopal GM-HR Solar Semiconductor Pvt Ltd. Hyderabad

First of all, I would like to suggest you talk with your HR Manager about the hurdles and problems you are facing and what makes you dissatisfied. It would be beneficial to try addressing these issues before making any decisions.

Consider the Bond Agreement

You have signed a bond, amounting to Rs. 2 lakhs, which is not a small sum. By signing the bond, you have provided the company with legal proof that you are aware of the procedures and agree to abide by the law and terms and conditions outlined in the bond.

Therefore, it would be in your best interest, as well as the company's, to renegotiate terms rather than resorting to legal procedures.

Dear Friend,
For your information, no procedure or company policy is above the law. The act, policy, procedure, or document which is in contravention of any law becomes void ab initio, which means it will be treated as if it was not there from the beginning itself. At times, such documents are punishable by penal provisions also. Being an Advocate, I know and can affirm that this is undoubtedly illegal. Pramod has nothing to fear but only if he has not received any training significant enough for the management to claim 2 lakh rupees. However, still keeping the marksheets in original is an offense which has no escape.

I am sure there's a way out of the bond. You may need to seek the services of a solicitor to carefully study the bond you signed and see if there are conditions for separation. Otherwise, your country's labor law will have to be applied.

Sorry, Mr. Mathew, I beg to differ here. All he needs to do is lodge an FIR, and the police will take custody of the mark sheets. Once they have custody, the mark sheets can be retrieved by filing an application for Superdari before the court. Even in the slowest places and with luck not on your side, it takes a maximum of a week for this process.

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I corrected the spelling and grammar errors in the text provided. I also ensured proper paragraph formatting and maintained the original meaning of the message.