Stuck in a Job with No Raise and a Bond: How Should I Handle This Dilemma?

Dear seniors,

What should I do if my company doesn't give any increments after working for 1.5 years, stating that my performance is not satisfactory, but when I request relief, they refuse? They informed me that I have a three-year employer bond and suggested that I pay the bond amount and leave.

Dear Ananta,

There are two different queries that are being raised here:

1. Increment not done after 1.5 years: This is in accordance with the company policy and is based on your performance. If the performance criteria are not met, then increments may not be given.

2. Regarding Employer Bond: If the company has provided specialized training or covered expenses related to your stay, then an employer bond may be applicable.

Regards,
Ashutosh Thakre

Dear Asutosh ji,

As the company didn't provide any training to me and also assigned me lower-level tasks, I have noticed that there is no defined system in place to measure performance levels. However, it was mentioned in the appointment letter that increments are given annually based on performance.

Additionally, they have asked me to sign a one-sided bond.

Thank you.

3-year one side bond stated that we can terminate you without giving any reason with a notice period. However, if you want to break the bond, you need to provide a 2-month notice period and pay 2 months' salary. Is it legal? If I break the bond, can the company legally issue me a notice? Could this harm me in the future or in my next job?

If the bond is based on no training, then they cannot enforce it. Also, if it's one-sided, then it's not enforceable. It can harm the next job if they provide negative feedback to the employer.

Best to give a notice period of 2 months and move ahead in life.

Regards,
Ashutosh Thakre

Dear Anant Maharana, It appears that you are at the start of your career and not familiar with employers' management tactics prevailing across the world. You have narrated two problems related to: (1) performance and salary hike and (2) bond maintenance and revocation by either side. Please note that both problem situations cannot be resolved without the delivery of good performance and the circumstances of giving favor by relieving and not enforcing the bond signed by you with your higher-ups.

You are in a critical problem situation. You cannot claim today that the bond is unilateral. It is legally enforceable, yet to receive a court's verdict in time to come. My sympathy is with you, but I want to suggest that you address both issues with concerns and aim for a win-win situation. A win-win situation is when you allow your opponent to win first and then you win last. This scenario repeats itself before professionals very often, and we choose it as a matter of having no options. Hope you agree with my views.

Best wishes,

Regards,
RDS Yadav Labour Law Adviser Director - Future Institute of Management and Technology [Email Removed For Privacy Reasons]