Is It Fair to Pay for Breaking a Job Bond Due to Health Issues from Night Shifts?

I was selected as a Junior Software Engineer at Prakash Software. The bond was for 1.5 years and 50,000 Rupees. I had a night shift duty, but it had a negative impact on my health. I requested the company management to assign me to a day duty, but my request was refused. With no other option, I decided to leave the job. Now, they are demanding 50,000 Rupees for breaking the bond. Can you please advise if this bond is enforceable in this situation? Your guidance would be appreciated.

Questions Regarding Employment Conditions

Please answer the following questions:

1. While recruiting you, did they mention that it would be a night shift? Did they mention a rotational shift?

2. Did they give you any training?

3. What tenure have you served with this organization before you tendered your resignation?

4. How can you say that the bad health was due to the night shift? Is there any certificate or letter that states this?

5. What does the bond say about the service tenure? How would you be compensated by them if they terminate you during the bond period?

6. On what grounds was your plea to switch to the day shift rejected?

Thank you for answering the question. Well, the answers to your questions are as follows:

1) They told me that it would be a night shift, but it was not mentioned in the service agreement. However, I did not know at that time that a night shift would not suit me.

2) They gave me 5 months of training, but it was as an internship. They did not pay me a single rupee for it. Based on my performance in the internship, they selected me as a Junior Software Engineer. Officially, there is no record of me as an employee for that training period. They did not provide me with any training in the official job.

3) I was chatting with a US client on Skype, and according to his directions, I had to make changes/maintenance work on his existing websites.

4) Due to the night shift, I could not get enough sleep. I became sick, along with tension, vomiting, etc. I had to take a week-long leave from the company for the same reason before quitting the job. After I recovered, I informed the company that I could not work the night shift. However, they insisted on the night shift. So, I worked the night shift for 2 more days. But as I could not bear it, I sent a resignation letter. I do not have any certificate/letter regarding it, as I consulted my brother, who is a doctor.

5) The service bond was for 1.5 years. A 3-month notice period was required. If I were terminated by them, there would not be any compensation.

6) I don't know why they rejected the day shift request. However, they said, "You have to continue with the night shift. Nobody works the night shift for a whole life."

I would also like to point out that the bond was not on stamp paper [I think as it is an indemnity bond, stamp paper is required].

Please help me as early as possible. Thank you in advance.

Regards

Hi, Ankita, Thank you for answering the questions. Well, the answers to your questions are as follows:

Night Shift Information

1) They told me it would be a night shift, but it was not mentioned in the service agreement. However, I did not know at that time that the night shift would not suit me.

Training Details

2) They gave me 5 months of training, but it was as an internship. They did not pay me a single rupee for it. Based on my performance in the internship, they selected me as a Junior Software Engineer. There is no official record of me as an employee during the training period. They did not provide me with any training in the official job.

Job Responsibilities

3) I was chatting with a US client on Skype, and according to his directions, I had to make changes/maintenance work on his existing websites.

Health Issues Due to Night Shift

4) Due to the night shift, I could not get enough sleep. I became sick, along with tension, vomiting, etc. I took a week-long leave from the company for the same reason before quitting the job. After I recovered, I informed the company that I could not work the night shift. However, they insisted on the night shift. So, I worked the night shift for 2 more days. As I could not bear it, I submitted my resignation letter. I do not have any certificate or letter regarding this, as I consulted my brother, who is a doctor himself.

Service Bond Details

5) The service bond was for 1.5 years, with a 3-month notice period required. If I am terminated by them, there would not be any compensation.

Day Shift Request Rejection

6) I don't know why they rejected the day shift request. However, they said, "you have to continue with the night shift. Nobody works the night shift for their whole life."

I would also like to point out that the bond was not on stamp paper [I think as it is an indemnity bond, stamp paper is required].

Please help me as soon as possible. Thank you in advance.

attribution https://www.citehr.com/474652-can-we...#ixzz2j6SXhpd4

Internship and Job Transition

From your description, it seems you initially interned at the company without receiving any stipend. Your internship lasted for five months, after which you were offered a permanent position as a Junior Software Engineer. However, you did not receive any formal training once you started your official role.

One doubt: While interning, were you in the day shift or the night shift? Is the role offered to you different from the work you did during your internship?

Client Interaction and Work Duration

You mentioned chatting with a US client on Skype and making changes or maintenance work on his existing websites. I wanted to ask, how long did you work for this company? The five months of internship are clear, but after you were offered the job, how many months did you remain in the position?

Health Concerns Due to Night Shift

Due to the night shift, you experienced health issues such as tension and vomiting, which led you to take a week-long leave before quitting. After recovering, you informed the company that you could not work the night shift, but they insisted on it. You continued for two more days before resigning. You mentioned consulting your brother, who is a doctor, but you do not have any certificate or letter regarding this.

To be honest, vomiting and stress can have many causes, both personal and professional. We cannot deduce that your health was affected solely because of the night shift. Do you have a medical certificate advising against night shifts? If so, what reasons are stated in the certificate?

Service Bond and Legal Concerns

The service bond was for 1.5 years with a three-month notice period required. If terminated by them, no compensation would be needed. You also noted that the bond was not on stamp paper, which you believe is required for an indemnity bond.

I doubt if there's a necessity to sign a bond on stamp paper. Any contract, even verbal, if done with mutual consent, is valid. However, I will leave this to legal experts to comment on.

Shift Request Rejection

You mentioned that your request for a day shift was rejected, with the company stating, "you have to continue with the night shift. Nobody works the night shift for their whole life."

Ideally, you should raise such queries in writing—either over email or another documented form—so you have proof of communication. The company should also be required to communicate formally over email in reply. I doubt you did that; you must have just handed over the paper. The problem is, as I mentioned, there is no solid reason that your health was affected due to their employment.

One doubt - While interning, were you on the day shift or the night shift? Is the role offered to you different from the work you did during your internship?

The internship was during the day shift. I worked with different technology during regular employment than I did during the internship.

I meant to ask, how long did you work for this company? How many months? The 5-month internship is completed. After being offered the job, how many months were you in the position?

Well, I worked for 1 month and 7 days. I joined on 3rd June and submitted my resignation letter on 10th July. However, they did not pay my salary up to that time.

To be honest, vomiting and stress have many causes - personal and professional. We can't deduce that your health was affected because you were working night shifts. Yet, it's up to you to decide whether or not you want to work in that capacity. Do you have a medical certificate that advises you not to take up night shifts? If so, what reasons have been stated in the certificate?

I don't have a certificate, but I can obtain one. One point I want to make: In the company, salaries are generally paid on the 12th or 13th day of every month. I was not able to continue the job; otherwise, I would have waited for two more days to receive my salary. However, I resigned two days before the salary date.

If you had signed a bond, you must conform to the provisions. Even assuming your health issues were genuine (and I have no reason to doubt or dispute them), was the intensity such that you would never be able to work a night shift? If so, specialist medical practitioners would have certified this, and there would also be various medical/pathological tests carried out to support a medical opinion that night shift working is a health hazard. Did you negotiate with your employers on this basis before resigning or breaking the bond? Was a pre-employment medical examination carried out by the employer to ascertain your physical fitness for this employment? All good employers do that!

Further, were you employed by a "software company," "back office," or a "call center"? In any case, was your employer covered by the Shops and Commercial Establishment Act of your region? As a default, no shop or commercial establishment is allowed to work night shifts unless it has obtained exemption under the act regarding "working hours." It is a good point to check this out.

Having spent considerable time, I can speak from personal experience that a lot of youngsters or new entrants find it very difficult to work night shifts, which is against the biorhythm that one is used to all their life. I also know it affects their nightlife and socializing. But I also know that over a period of time, humans do get used to a different biorhythm. My simple question is, are you sure that you did not give up too soon? I am not questioning your lifestyle preferences, but sometimes we do tend to give up a wee bit too soon!

In view of this discussion, fighting with your employer may—just may—be our creation! See if you can reason out with your employer and make some kind of a deal. Litigation is going to cost you no small sum. Paying the bond value is also a substantial cost, and finding a golden mean seems to be the best way out! BUT, if the facts favor you, despite the cold print of the bond, then one can and should put up a fight disregarding the costs involved.

Can you convince us or a good local lawyer of your case that would justify breaking the bond? Think about it!

Regards, Samvedan

I appreciate the points you have made. However, let me clarify something.

1. I consulted a well-qualified MD doctor, who advised me to discontinue working night shifts and switch to day shifts. I did not obtain a certificate, but I believe I should do so now.

2. Everyone has the right to live a healthy life. If I had continued working night shifts, the only person suffering would have been me. I requested a shift change to the company management, but they refused. This led me to experience depression, and the company did not seem to care about my well-being. Therefore, I believe quitting now is better than enduring further suffering.

3. It was a software company, and no pre-employment medical fitness test was conducted.

4. After discussing my issues with the company, I worked two more night shifts. However, I felt extremely depressed, so I met with HR and my boss to inform them of my decision to resign. Despite my concerns, they insisted on keeping me on the night shift, which ultimately led to my decision to quit.

Regards

Working Night Shifts: A Common Scenario Night shifts are common in many companies, especially those dealing with US clients. Consider the company's perspective. It is possible to work the night shift with some lifestyle adjustments. Check the links below for more assistance:

- [How to Work Night Shift: 5 Steps (with Pictures) - wikiHow](http://www.wikihow.com/Work-Night-Shift)
- [6 Ways to Make Working the Night Shift Less Hazardous to Your Health - US News and World Report](http://health.usnews.com/health-news/family-health/sleep/articles/2009/12/04/6-ways-to-make-working-the-night-shift-less-hazardous-to-your-health)
- [Surviving Night Shift Sleep Problems and Health Effects - WebMD](http://www.webmd.com/sleep-disorders/features/shift-work-how-to-handle-sleep-life)

Career Considerations From a career standpoint, discuss with your HR department how long you have to work the night shift. Negotiating a shorter timeframe may be beneficial. If possible, wait until the bond period is over before seeking a new job if the night shift continues.

Dear Gaurav,
Mr. Samvedan has given the right opinion. When you are not in a position to find a suitable job, you have to prepare for compromise to escape from the loss for violating the conditions of appointment that you accepted before joining the duty. Don't waste your precious time and money in search of a legal remedy. Please have a second thought and join the duty, and try to convince the management after some time.

Regards,
SPKR

One-sided service bonds are not enforceable in India. Some courts in India have held bonds to be illegal since they restrict the employee's freedom to work freely or practice their profession. However, this is usually the case when the 'bond period' is open-ended. For a specific time period of 1-2 years, it may sometimes be allowed by courts, as some companies use time and resources to train employees, which does not apply in your case (as per your version). No one will know until one goes to court and challenges the documents, so you can safely assume that it will not be challenged.

All said and done, consult a lawyer with your complete set of documentation before making any decision.

Best wishes,
Sourav Mukherjee