I am working in a reputed company in India. I went to Malaysia for training in November 2011 and signed a contractual bond. One of the clauses mentioned is as follows:
“It will be a condition precedent for the grant of the foreign facilities for your assignment abroad that you undertake to remain in the service of the company for a minimum period of two years from the date of return to India. Should you terminate or give cause for termination of your employment for any reason whatsoever within the same period, you undertake to refund Rs. 5 Lacs to the company immediately upon the happening of such termination of your employment."
I have been working with this reputed company for the last 4 years and 5 months. I completed my mechanical engineering and joined this company in July 2008 and have been serving till date. I have been continuously reminding my managers about my salary, but for the last 1.5 years, they have not increased my salary to my satisfaction level. I am getting only 23,000/- in hand per month, which is very low.
From India, Mumbai
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“It will be a condition precedent for the grant of the foreign facilities for your assignment abroad that you undertake to remain in the service of the company for a minimum period of two years from the date of return to India. Should you terminate or give cause for termination of your employment for any reason whatsoever within the same period, you undertake to refund Rs. 5 Lacs to the company immediately upon the happening of such termination of your employment."
I have been working with this reputed company for the last 4 years and 5 months. I completed my mechanical engineering and joined this company in July 2008 and have been serving till date. I have been continuously reminding my managers about my salary, but for the last 1.5 years, they have not increased my salary to my satisfaction level. I am getting only 23,000/- in hand per month, which is very low.
From India, Mumbai
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In continuation of the above, I am only receiving ₹23,000 in hand per month, which is very low. Despite continuously reminding my manager, my salary did not match my experience and designation. Therefore, I resigned on 11/09/2012 and completed the two-month notice period as per HR policy. During this time, I requested HR twice to waive my bond amount, but both requests were rejected. I have not been paid for the last three months, and though I waited patiently for a resolution, due to financial difficulties, I have ceased my services to the company and sent a letter to HR. I have not received my salary, relieving letter, or experience letter.
HR has informed me that they intend to take disciplinary action against me. This situation has left me very tense, and I kindly request advice on the implications for my future.
Thank you.
From India, Mumbai
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HR has informed me that they intend to take disciplinary action against me. This situation has left me very tense, and I kindly request advice on the implications for my future.
Thank you.
From India, Mumbai
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Hi, Please speak to your legal advisor, it is best have your employment contract reviewed by a professional, basis which you can proceed further. Thank you Shashidhar K Eira
From India, Hyderabad
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14From India, Hyderabad
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Thank you for your comment. I spoke to two of the advocates, and they said that in rare cases, the company gets involved in legal action, but in the end, it will settle for the minimum expenses incurred during training. However, I have now received a letter from HR stating that they are going to take legal action against me and file a police complaint. Will they follow through with this?
From India, Mumbai
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From India, Mumbai
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At the outset, as I am not aware of the actual terms of the bond or the nature of training imparted to you, it would be difficult to say what course of action would be taken by your employer.
Check for the Following:
1. Was the training you underwent some kind of internationally validated technical/functional training from a vendor?
2. Are you the only one/one of very few who has/have been put through such training?
3. Will your leaving the organization have a significant impact on your company's business/client engagement?
4. Did your company spend a significant amount on your visa, business facilities, travel, etc.?
5. Was the bond/contract you signed time-bound with a specific period after which it lapses?
If the answers to the above are "yes," then you will have to come to an agreement about how much you have to pay, etc.
I suggest you speak to your legal adviser in detail and share all aspects of the situation, based on which you can initiate legal action of your own in case of harassment at work. I hope there are no other hidden issues that may be impacting your situation now.
Thank you.
Shashidhar
From India, Hyderabad
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Check for the Following:
1. Was the training you underwent some kind of internationally validated technical/functional training from a vendor?
2. Are you the only one/one of very few who has/have been put through such training?
3. Will your leaving the organization have a significant impact on your company's business/client engagement?
4. Did your company spend a significant amount on your visa, business facilities, travel, etc.?
5. Was the bond/contract you signed time-bound with a specific period after which it lapses?
If the answers to the above are "yes," then you will have to come to an agreement about how much you have to pay, etc.
I suggest you speak to your legal adviser in detail and share all aspects of the situation, based on which you can initiate legal action of your own in case of harassment at work. I hope there are no other hidden issues that may be impacting your situation now.
Thank you.
Shashidhar
From India, Hyderabad
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf