Is My Job Bond a Legal Trap? Seeking Advice on Leaving Without Penalty

I am almost in tears while writing this and need assistance. I work for a US-based company and was sent to the US for training/transition. Before I could go, I was made to sign a bond stating that I will not leave the organization for one year from the time I return, or else I will have to pay a compensation of Rs. 2,00,000.00.

Change in Management and Workplace Issues

Recently, there has been a change in my manager, and the new manager has been troubling me despite everything being correct from my end. I wanted to know if bonded labor in India is legal and if my organization can take any legal action against me if I resign and wish to leave without being terminated or having to abscond.

Do not be frustrated. Deal with the matter with a cool head. You are advised to get the terms of the bond examined by a competent lawyer. Many times, the bond is one-sided, as the person, at the time of joining their service, has little choice but to sign it. Such bonds cannot be enforced legally. For example, the management has the option to terminate you during the bond period, but there is no provision for paying you for the entire bond period. All the terms and conditions are one-sided without any obligation on the employer's side. Once the terms of the bond have been legally scrutinized and your lawyer opines that you are on safe grounds, you can void the same by sending your resignation. However, please follow the advice of your lawyer.

Wishing you all the best,

Cyril

Authority in the Organization

Your manager should not be the sole authority. There must be more competent authorities in your department and organization.

Retention and Training

When the company selects you as the best employee to send to the U.S. for training, it indicates that your senior-most heads also want to retain you in the organization.

Facing Challenges with Management

Why do you feel negative and unable to face your manager? He is also a paid employee, and you must discuss the matter with your other seniors.

Legal Perspective on Employment Bonds

As Cyril has correctly mentioned, this kind of bond is always one-sided and can’t stand in courts. You may seek the consent of a lawyer.

Finding Your Place in the Organization

In my opinion, you must establish a strong position in your organization. You may not realize it now, but take this as a challenge. Consider what you expect from our cricket team when they play, especially against Pakistan. The player who hits the maximum sixes or fours under intense pressure from the media and the crowd becomes a hero. You must face this problem with all your courage. Think about why the organization selected you to send to the U.S. They invested in you. Fight, forget tears, dear.

Regards,
Manish Bali

I am in agreement with Cyril and Manish. You have to get the contents of the bond examined by an experienced and competent lawyer. It is a fact that still some organizations frame one-sided bonds, thinking that the same will go unchallenged.

Secondly, please approach the authority higher than the manager concerned and explain your ordeal, seeking their intervention. Surely, things may get settled.

Suppose this also does not yield desired results, please build up a record of the harassment (on the basis of gender discrimination) being caused to you by the manager concerned, endorsing copies to the top management. This may bring an end to your trauma. If not, you may take it up with your lawyer.

Regards,
S.K. Johri

Understanding Your Rights as an Employee

Please be aware that you are not a bonded laborer since you signed a 1-year bond.

First of all, email the company's grievance cell, copying HR and your personal email, stating that you are being harassed by your line manager. Present the facts and request them to address it. The company should address it by constituting a committee; otherwise, the company would be violating the law and will face severe consequences.

Subsequently, if the company does not address it, then send a resignation letter to HR, CEO/VP, Line Manager, and your personal email.

In the letter, state that you have a grievance in the company, and the company failed to address your grievance even after lodging a formal complaint, which led to severe mental agony, thus leading to your resignation from the company as you feel insecure.

Upon such action, the company will definitely relieve you if the HR is not ignorant, as they would be aware of the consequences of such actions. By following this process, you can lodge a harassment complaint with the police, deputy labor commissioner, and also file a civil suit, which will be a significant issue for the company. You will be on the safer side, regardless of whether it is a US-based MNC.