I went on an abroad deputation for 3 years in 2012. The company informed me that they would provide training, and I signed a bond agreeing to serve my Indian company for five years upon my return or pay 1.2 times the amount spent on training. After spending 1.5 years abroad, I realized that they were assigning me full-time work, so I resigned from my position abroad. However, the company did not release me and compelled me to complete the deputation until 2015. When I resigned this time via email, I chose not to go to the company as I anticipated they would mistreat me as they had before and would not grant me release. They are currently sending letters to my residence demanding the bond amount; otherwise, they threaten legal action against me. I possess a letter from the foreign company stating that I was an employee there for 3 years and not a trainee. Additionally, my resignation from 2014 remains unwithdrawn to date. Please advise on what steps to take.
From Japan, undefined
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To me, your narration of the episode leading to the present threat of legal action for bond violation seems a bit confusing. At the outset, you stated that you went abroad on deputation for 3 years in 2012. Your next statement conveys the fact of signing a bond to serve the Company for 5 years after your return or to pay back a sum equivalent to 1.2 times the cost of training. Deputation of an employee from one company to another is just lending the services of the concerned employee. So there can not be any scope for training other than a brief program of orientation.
As per your further statement that your status of employment abroad, in reality, was that of a full-time employee and not a trainee, and it prompted you to tender your resignation which was not accepted, and instead, you were forced to complete the spell of deputation till 2015. You are also in possession of a letter from the foreign Company confirming your employment under them as a normal employee only. It is not known from your post whether the Indian Company gave you any special and exclusive training in INDIA before your deputation abroad.
Anyway, if the facts presented by you regarding the entire episode of deputation abroad are correct and supported by documentary evidence, your original employer has no locus standi to claim damages for violation, if any on your part as per the bond. Better consult an experienced advocate and arrange to send a reply through him.
From India, Salem
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6108As per your further statement that your status of employment abroad, in reality, was that of a full-time employee and not a trainee, and it prompted you to tender your resignation which was not accepted, and instead, you were forced to complete the spell of deputation till 2015. You are also in possession of a letter from the foreign Company confirming your employment under them as a normal employee only. It is not known from your post whether the Indian Company gave you any special and exclusive training in INDIA before your deputation abroad.
Anyway, if the facts presented by you regarding the entire episode of deputation abroad are correct and supported by documentary evidence, your original employer has no locus standi to claim damages for violation, if any on your part as per the bond. Better consult an experienced advocate and arrange to send a reply through him.
From India, Salem
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