Hi All,
I am a Chartered Accountant. I have joined a Pvt Ltd. IT company as a Finance executive. At the time of joining, they had me sign an agreement stating that the "employee will be liable to pay Rs. 50k, incurred on training, in case he leaves the organization within 1 year." The same agreement was signed on the Company's Letterhead.
My question is, whether such an agreement is valid as per the Indian Stamp Act? Shouldn't it be on Judicial or non-judicial Stamp paper? Can the company recover such an amount from me, as I haven't been provided any training?
Furthermore, at the time of joining, I wasn't informed of the scope of duties exactly. After my joining, I discovered that I have to clear a backlog of 4 months. Now, I am feeling immense pressure as I cannot handle the backlog as well as the routine daily work.
So, if I submit my resignation, can I argue that you can adjust Rs. 50k and 2 months' notice pay against the extra work done (outside my scope/not informed to me)? Can I revoke the agreement, stating it's not legally valid as it is not on Stamp paper?
I would appreciate it if anyone could guide me on this issue.
Thanks to all in advance. Awaiting some kind of positive response from all of you.
Regards
From India, Gandhinagar
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I am a Chartered Accountant. I have joined a Pvt Ltd. IT company as a Finance executive. At the time of joining, they had me sign an agreement stating that the "employee will be liable to pay Rs. 50k, incurred on training, in case he leaves the organization within 1 year." The same agreement was signed on the Company's Letterhead.
My question is, whether such an agreement is valid as per the Indian Stamp Act? Shouldn't it be on Judicial or non-judicial Stamp paper? Can the company recover such an amount from me, as I haven't been provided any training?
Furthermore, at the time of joining, I wasn't informed of the scope of duties exactly. After my joining, I discovered that I have to clear a backlog of 4 months. Now, I am feeling immense pressure as I cannot handle the backlog as well as the routine daily work.
So, if I submit my resignation, can I argue that you can adjust Rs. 50k and 2 months' notice pay against the extra work done (outside my scope/not informed to me)? Can I revoke the agreement, stating it's not legally valid as it is not on Stamp paper?
I would appreciate it if anyone could guide me on this issue.
Thanks to all in advance. Awaiting some kind of positive response from all of you.
Regards
From India, Gandhinagar
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Hello Firends, I would like to know that, company’s letter head is with compnay’s seal is valid for aggreement?? Best Regards Jayana
From India, Ahmadabad
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From India, Ahmadabad
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An agreement without Stamp Duty is not an invalid agreement. As per the Indian Stamp Act, if an agreement is not duly stamped, it is liable to be impounded by the government authority and cannot be admissible as evidence before the court of law. However, the agreement can still be valid and binding if executed without any pressure or force.
Regarding the payment of 50K as expenses on training, as you said that there was no formal training provided to you, and if the same can be proved, you can always assert that in your notice to the Company and tell them that since no training was provided, you are not liable to pay 50K.
You can always mention that the job profile is different from what was agreed; therefore, the resignation is out of distress and not of your own will, and that the conditions are created which forced you to take such unwilling and drastic action.
Regards
From Hong Kong, Hong Kong
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Regarding the payment of 50K as expenses on training, as you said that there was no formal training provided to you, and if the same can be proved, you can always assert that in your notice to the Company and tell them that since no training was provided, you are not liable to pay 50K.
You can always mention that the job profile is different from what was agreed; therefore, the resignation is out of distress and not of your own will, and that the conditions are created which forced you to take such unwilling and drastic action.
Regards
From Hong Kong, Hong Kong
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Dear Sir,
Your employer cannot recover any such amount from you as under Indian laws, bonded labor is not permissible. If employers show any such contract to recover such an amount, they themselves will be behind bars for violating the laws of the land.
From India, Rohtak
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15Your employer cannot recover any such amount from you as under Indian laws, bonded labor is not permissible. If employers show any such contract to recover such an amount, they themselves will be behind bars for violating the laws of the land.
From India, Rohtak
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Hi,
In India, bonded labor is illegal as follows:
As per the Indian Statute, the bonded labor system was long abolished, and no bond can force any person to work against the employee's wishes.
Article 19 of the Indian Constitution talks about fundamental rights. According to Article 19 of the Constitution, the right to work is a fundamental right. Under no circumstance can fundamental rights under Article 19 be waived by any person, nor can any person be forced to do something that violates the rights mentioned under Article 19.
As per the Indian Contract Act, contracts entered between two parties, if one-sided, would be null and void. Most bonds are one-sided.
Again, as per the Indian Contract Act, no contract can be enforced on any person if the contract being enforced causes harm to the person or violates principles of natural justice.
As per Section 368 of the Indian Penal Code, if any person or institute holds back any document, uses any legal document, or threatens legal action to force a person to act against their wishes or against the law, it constitutes extortion.
Section 368 of the Indian Penal Code addresses extortion by threatening to file a legal suit, with a minimum punishment of two years.
The Supreme Court of India has clearly stated that no employee can be forcibly employed against their will just because they have signed a contract with the employer.
The court has also stated that the employer cannot withhold any personal documents of the employees as they are earned by the employees, and the company has no claim to them.
Any complaint against the company would lead to the Directors and Managing Directors of the company being imprisoned, as the company is not an actual living entity but a legal entity, and the management are the hands and heads of the company.
Bonds are applicable only if the company has spent money on personal growth and enhancement of the employees, not just for training that helps employees perform better.
Regards,
From India, Jaipur
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In India, bonded labor is illegal as follows:
As per the Indian Statute, the bonded labor system was long abolished, and no bond can force any person to work against the employee's wishes.
Article 19 of the Indian Constitution talks about fundamental rights. According to Article 19 of the Constitution, the right to work is a fundamental right. Under no circumstance can fundamental rights under Article 19 be waived by any person, nor can any person be forced to do something that violates the rights mentioned under Article 19.
As per the Indian Contract Act, contracts entered between two parties, if one-sided, would be null and void. Most bonds are one-sided.
Again, as per the Indian Contract Act, no contract can be enforced on any person if the contract being enforced causes harm to the person or violates principles of natural justice.
As per Section 368 of the Indian Penal Code, if any person or institute holds back any document, uses any legal document, or threatens legal action to force a person to act against their wishes or against the law, it constitutes extortion.
Section 368 of the Indian Penal Code addresses extortion by threatening to file a legal suit, with a minimum punishment of two years.
The Supreme Court of India has clearly stated that no employee can be forcibly employed against their will just because they have signed a contract with the employer.
The court has also stated that the employer cannot withhold any personal documents of the employees as they are earned by the employees, and the company has no claim to them.
Any complaint against the company would lead to the Directors and Managing Directors of the company being imprisoned, as the company is not an actual living entity but a legal entity, and the management are the hands and heads of the company.
Bonds are applicable only if the company has spent money on personal growth and enhancement of the employees, not just for training that helps employees perform better.
Regards,
From India, Jaipur
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If they have not provided you training, it is totally invalid and can land the directors in jail. If only the company has incurred costs in training you, can they sign a bond, and it has to be reasonable. It is better for you to discuss with the HR department's director and resolve the difference or simply walk away if they are not a good company. If you have not completed six months in the company, no notice period is required. If you have completed more than six months, one month's notice period or salary in lieu thereof is valid. Yes, your leaves can be adjusted for your notice period.
Cheers,
Pratik
From India, Delhi
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Cheers,
Pratik
From India, Delhi
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I have been employed for the last 2 years in an engineering LTD. CO. Now, is it possible to pursue further studies by breaking the bond? Do Indian laws provide any grounds to support my higher education? My bond is on a Rs. 10 stamp paper with a value of 5 Lakhs. Please help me.
From India, Calcutta
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From India, Calcutta
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Dear Guides,
Please help me as well.
I went abroad for one month on behalf of the company to expedite my passport application. The company issued a letter stating that I was being sent urgently for an overseas assignment. I obtained the passport. However, the bond on the stamp paper stated that I was being sent for training, and I signed it unwillingly, almost forcefully, for a duration of 18 months.
I reluctantly fulfilled 15 months of the bond, after which I was absent for 15 days. They began sending advisory letters with a deadline. When I visited the company, they were unwilling to reinstate me and insisted on signing a new bond for three years, which I adamantly refused.
I returned home, and the advisory letters continued for two more months. Eventually, they issued a letter stating my self-voluntary departure from the organization, along with a request to settle accounts. This was three months later, and I have not officially resigned from the company yet.
Four months later, they referred to a fraudulent resignation letter from the period when I was absent, claiming I owe them a bond repayment of one lakh rupees. Now, they have sent a legal notice via an advocate.
Can they take legal action? Please guide me on this matter.
Thank you.
From India, Pune
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Please help me as well.
I went abroad for one month on behalf of the company to expedite my passport application. The company issued a letter stating that I was being sent urgently for an overseas assignment. I obtained the passport. However, the bond on the stamp paper stated that I was being sent for training, and I signed it unwillingly, almost forcefully, for a duration of 18 months.
I reluctantly fulfilled 15 months of the bond, after which I was absent for 15 days. They began sending advisory letters with a deadline. When I visited the company, they were unwilling to reinstate me and insisted on signing a new bond for three years, which I adamantly refused.
I returned home, and the advisory letters continued for two more months. Eventually, they issued a letter stating my self-voluntary departure from the organization, along with a request to settle accounts. This was three months later, and I have not officially resigned from the company yet.
Four months later, they referred to a fraudulent resignation letter from the period when I was absent, claiming I owe them a bond repayment of one lakh rupees. Now, they have sent a legal notice via an advocate.
Can they take legal action? Please guide me on this matter.
Thank you.
From India, Pune
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Hello Canishit, Arnabchanda, Yuvraj777,
First and foremost, you guys signed the bonds without serious thought while signing or were under some pressure to join a job. So if this later turns out to be a mistake, who ought to be paying for it...you, the company, or someone else? Now don't think I am saying the company is correct. But you gave them a chance to do what they did.
Regarding Arnabchanda, you joined the job on your own accord...the company didn't force you to join, right? And if it was under any other pressure - family, etc. - that doesn't concern the company at all. And you knew about the bond too then, right? And now you want to be so very selfish and are looking for ways to jump the gun, so to say. Who asked you to even try for GATE when you knew the bond position? If you were so concerned about your M Tech, the question you are asking on this forum should have been put by you to your company before you wrote GATE. Now by putting this query for suggestions on this Forum, you want all of us to become partners in your action? Frankly, it's because of people like you that the bond culture came into existence.
I am sorry if this hurts, but learn to face the consequences of your actions yourself...don't put them onto others' heads. I don't think you can take a stand - either morally or legally - that you didn't know what you signed or you made a mistake by signing. None of us are kids.
Coming to Canishit's query, bonds on the letterheads aren't valid in courts if the issue does go to courts. But what if the company takes a stand that they didn't get the bond on a stamp paper because they trusted you...what would you do? Also, you are missing two other points here: 1) what if the company manages to show that they have imparted some sort of training - it doesn't matter what YOU think of it. As long as the court believes it, it's sufficient. 2) The exact scope of duties can never be, word-for-word, defined by any company at the time of joining. This is subject to conjecture. That's why most companies mention - as per the superior's instructions/company policies, etc.
Going by the tone of your posting, it LOOKS as though you want to quit since you are UNABLE TO TAKE THE PRESSURE more than any other issue. You are only making attempts to ensure you aren't blamed for jumping the gun. And also remember that when one begins to fight, it will be against A COMPANY - think before you leap. If you can afford to spend the time, money, and effort - in addition to tie up your future...fine, go ahead. Else, look for other options. This is NOT to suggest that one should ALWAYS take things lying down...but evaluate before and NOT later or midway.
And coming to Yuvraj777, I don't know what you mean by: "I signed unwillingly can say forcefully for 18 months." Did they tie up your legs and hands and take your signature forcefully? You didn't want to miss the foreign chance then...so you signed...period. If you REALLY thought they were putting pressure, you could have FOREGONE that chance? And to top it, you say: "I served unwillingly 15 months." In a line, all I can say is - you used the company for your own selfish ends, and now that your work is over, you want the members of this Forum to suggest ways to jump the gun? Not fair...right?
Again, I repeat...I am sorry if this hurts. But you figure out the definition of what you guys did.
Regards,
TS
From India, Hyderabad
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First and foremost, you guys signed the bonds without serious thought while signing or were under some pressure to join a job. So if this later turns out to be a mistake, who ought to be paying for it...you, the company, or someone else? Now don't think I am saying the company is correct. But you gave them a chance to do what they did.
Regarding Arnabchanda, you joined the job on your own accord...the company didn't force you to join, right? And if it was under any other pressure - family, etc. - that doesn't concern the company at all. And you knew about the bond too then, right? And now you want to be so very selfish and are looking for ways to jump the gun, so to say. Who asked you to even try for GATE when you knew the bond position? If you were so concerned about your M Tech, the question you are asking on this forum should have been put by you to your company before you wrote GATE. Now by putting this query for suggestions on this Forum, you want all of us to become partners in your action? Frankly, it's because of people like you that the bond culture came into existence.
I am sorry if this hurts, but learn to face the consequences of your actions yourself...don't put them onto others' heads. I don't think you can take a stand - either morally or legally - that you didn't know what you signed or you made a mistake by signing. None of us are kids.
Coming to Canishit's query, bonds on the letterheads aren't valid in courts if the issue does go to courts. But what if the company takes a stand that they didn't get the bond on a stamp paper because they trusted you...what would you do? Also, you are missing two other points here: 1) what if the company manages to show that they have imparted some sort of training - it doesn't matter what YOU think of it. As long as the court believes it, it's sufficient. 2) The exact scope of duties can never be, word-for-word, defined by any company at the time of joining. This is subject to conjecture. That's why most companies mention - as per the superior's instructions/company policies, etc.
Going by the tone of your posting, it LOOKS as though you want to quit since you are UNABLE TO TAKE THE PRESSURE more than any other issue. You are only making attempts to ensure you aren't blamed for jumping the gun. And also remember that when one begins to fight, it will be against A COMPANY - think before you leap. If you can afford to spend the time, money, and effort - in addition to tie up your future...fine, go ahead. Else, look for other options. This is NOT to suggest that one should ALWAYS take things lying down...but evaluate before and NOT later or midway.
And coming to Yuvraj777, I don't know what you mean by: "I signed unwillingly can say forcefully for 18 months." Did they tie up your legs and hands and take your signature forcefully? You didn't want to miss the foreign chance then...so you signed...period. If you REALLY thought they were putting pressure, you could have FOREGONE that chance? And to top it, you say: "I served unwillingly 15 months." In a line, all I can say is - you used the company for your own selfish ends, and now that your work is over, you want the members of this Forum to suggest ways to jump the gun? Not fair...right?
Again, I repeat...I am sorry if this hurts. But you figure out the definition of what you guys did.
Regards,
TS
From India, Hyderabad
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Dear TS, that was a sure blow to people thinking that they can take advantage by pointing out that "The law does not support any such agreement".
For all employees, please remember that you are being paid not for ordinary work but for extraordinary work. It happens everywhere when your responsibilities are stretched.
In this case, I see that there was a backlog of work (that is why they hired you), and the bond from the company was to ensure that you don't run away from the "challenge". Whenever you are requested to sign a bond, please understand there is a risk involved. Also, the risk will be beneficial to you if you are able to perform because they totally depend on you.
Regarding legal matters, the experts have already answered. I would only say, if you have not received any training or time for performing, kindly carry the records of the same to prove yourself. Also, keep the company informed of the same (that you have the proof supporting your statements).
Anyways, the law does not encourage bonds/agreements unless there are records of expensive training by the company.
And for others, what TS is trying to say also has a point here - why did you not think before signing the bond? I mean, if you knew it was not going to be valid, why did you sign it? Because you thought you could always fight back and prove that it was something you knew that never made sense?
From India, Madras
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For all employees, please remember that you are being paid not for ordinary work but for extraordinary work. It happens everywhere when your responsibilities are stretched.
In this case, I see that there was a backlog of work (that is why they hired you), and the bond from the company was to ensure that you don't run away from the "challenge". Whenever you are requested to sign a bond, please understand there is a risk involved. Also, the risk will be beneficial to you if you are able to perform because they totally depend on you.
Regarding legal matters, the experts have already answered. I would only say, if you have not received any training or time for performing, kindly carry the records of the same to prove yourself. Also, keep the company informed of the same (that you have the proof supporting your statements).
Anyways, the law does not encourage bonds/agreements unless there are records of expensive training by the company.
And for others, what TS is trying to say also has a point here - why did you not think before signing the bond? I mean, if you knew it was not going to be valid, why did you sign it? Because you thought you could always fight back and prove that it was something you knew that never made sense?
From India, Madras
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Dear TS,
I worked willingly for 15 months, but the company is not running properly due to a joint venture problem between both partner companies. The company's CAS is going under the company law board. I was afraid that the company might also close down as there has been no work for the last six months, and the work that was available was against the joint venture terms. Therefore, there were no chances of growth in a sick company, which is why it happened.
Thank you.
From India, Pune
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I worked willingly for 15 months, but the company is not running properly due to a joint venture problem between both partner companies. The company's CAS is going under the company law board. I was afraid that the company might also close down as there has been no work for the last six months, and the work that was available was against the joint venture terms. Therefore, there were no chances of growth in a sick company, which is why it happened.
Thank you.
From India, Pune
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Dear Yuvraj777,
I have no further comments, except what I mentioned earlier.
In your first posting, you mentioned the word "unwillingly" and now you say "I worked willingly for 15 months." I would rather take your earlier word, reading it with your other line - "I signed unwillingly can say forcefully for 18 months." If you can change your stance 2 times in a single day, how do you want all to take your word when you are referring to something that happened months/years ago? Please remember one thing about this forum - it comprises of real good professionals to advise genuine cases, not just age-wise but hardened ones. But when one wants to misuse this advice given in good faith, it's people like you who will be the losers at the end of the day. Not anyone out here.
Regards,
TS
From India, Hyderabad
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I have no further comments, except what I mentioned earlier.
In your first posting, you mentioned the word "unwillingly" and now you say "I worked willingly for 15 months." I would rather take your earlier word, reading it with your other line - "I signed unwillingly can say forcefully for 18 months." If you can change your stance 2 times in a single day, how do you want all to take your word when you are referring to something that happened months/years ago? Please remember one thing about this forum - it comprises of real good professionals to advise genuine cases, not just age-wise but hardened ones. But when one wants to misuse this advice given in good faith, it's people like you who will be the losers at the end of the day. Not anyone out here.
Regards,
TS
From India, Hyderabad
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Hello Yuvraj777,
I can see these options available based on what I know - please note that YOU need to decide what's PRACTICAL from your end:
1) Go to a lawyer and work for an out-of-court settlement. See if the old "letter of self-voluntary leaving organization" can be revived - let the lawyer handle this part. They are better prepared for it. The tack to be followed is: if this goes to the courts, it will be years before the company gets the Rs. 1 L, even if it does. And you wouldn't have any peace of mind. I think the MAIN OBJECTIVE of the company sending you a Lawyer notice is to bring you to this stage, NOT to ACTUALLY go to court.
2) Rejoin them, if possible.
3) Obviously, look out for another job ASAP, even while this is being sorted out.
I also think you have still NOT shared ALL the related info. But you are the best judge - put ALL THE FACTS, and not just what you think is in your favor, when you meet the lawyer.
All the Best.
Regards,
TS
From India, Hyderabad
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I can see these options available based on what I know - please note that YOU need to decide what's PRACTICAL from your end:
1) Go to a lawyer and work for an out-of-court settlement. See if the old "letter of self-voluntary leaving organization" can be revived - let the lawyer handle this part. They are better prepared for it. The tack to be followed is: if this goes to the courts, it will be years before the company gets the Rs. 1 L, even if it does. And you wouldn't have any peace of mind. I think the MAIN OBJECTIVE of the company sending you a Lawyer notice is to bring you to this stage, NOT to ACTUALLY go to court.
2) Rejoin them, if possible.
3) Obviously, look out for another job ASAP, even while this is being sorted out.
I also think you have still NOT shared ALL the related info. But you are the best judge - put ALL THE FACTS, and not just what you think is in your favor, when you meet the lawyer.
All the Best.
Regards,
TS
From India, Hyderabad
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Hi all,
Mine is a peculiar case. I had signed an affidavit for a bond of twice my salary in case I left the company within a year. I left the company within 6 months (in my probation period) owing to unethical and illegal work ethics.
During my tenure, the company was forced to shift to a Linux operating system after a threat from Microsoft for the use of pirated software. The premises of the company were sealed by the municipal corporation, and we were being made to work from a cyber cafe with no public facilities. Towards the end of my tenure, I was also made to work from the sealed office with total disrespect for the laws of the land. I left the company stating the above reasons.
Now they have filed a case against me for stopping payment on a check and claim that the payment is being taken for training, etc. Minimal training was provided. Can I relate working conditions to the bond being null and void? If so, how?
Thanking you in anticipation.
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Mine is a peculiar case. I had signed an affidavit for a bond of twice my salary in case I left the company within a year. I left the company within 6 months (in my probation period) owing to unethical and illegal work ethics.
During my tenure, the company was forced to shift to a Linux operating system after a threat from Microsoft for the use of pirated software. The premises of the company were sealed by the municipal corporation, and we were being made to work from a cyber cafe with no public facilities. Towards the end of my tenure, I was also made to work from the sealed office with total disrespect for the laws of the land. I left the company stating the above reasons.
Now they have filed a case against me for stopping payment on a check and claim that the payment is being taken for training, etc. Minimal training was provided. Can I relate working conditions to the bond being null and void? If so, how?
Thanking you in anticipation.
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Hello Robin,
Your case does seem to be a peculiar one; I think 'genuine' is more correct, one where the Employer is unscrupulous.
Do you have the evidence of what all you mentioned - Microsoft letter, municipality sealing the office, etc.? If you don't, suggest collecting all the inputs that could help you to prove their unethical practices. Once you have all the ammo in your hand, call your employer and give them a chance to correct the situation - don't threaten, please. If they don't, contact the media and expose them. Of late, many employers take recourse to the courts, since all know this route takes years to get to a decision, and the employee will be afraid of this tactic. Going to the media is faster and exposes them. Such people usually are more afraid of public opinion than the courts.
At least, that's my take. Wait for others' inputs too and then decide.
Regards,
TS
From India, Hyderabad
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Your case does seem to be a peculiar one; I think 'genuine' is more correct, one where the Employer is unscrupulous.
Do you have the evidence of what all you mentioned - Microsoft letter, municipality sealing the office, etc.? If you don't, suggest collecting all the inputs that could help you to prove their unethical practices. Once you have all the ammo in your hand, call your employer and give them a chance to correct the situation - don't threaten, please. If they don't, contact the media and expose them. Of late, many employers take recourse to the courts, since all know this route takes years to get to a decision, and the employee will be afraid of this tactic. Going to the media is faster and exposes them. Such people usually are more afraid of public opinion than the courts.
At least, that's my take. Wait for others' inputs too and then decide.
Regards,
TS
From India, Hyderabad
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Hi,
I am working in a company called Annova Technologies in Hyderabad. When I joined, I was under a 1-year bond with a bank guarantee of 20000 INR. However, after completing the 1 year, they are now requesting my original certificates as a guarantee that I will provide one month's notice before leaving the company. This requirement was not mentioned in the offer letter.
Furthermore, they are withholding the bank guarantee until I submit the certificates and have indicated that my salary will be on hold until then.
As far as I am aware, it is not legal for any entity to retain original certificates. Am I correct in this understanding?
I am seeking advice on my next steps. It is important to note that I do not currently have another job lined up. However, I am hesitant to provide my certificates as there is no guarantee that they will be returned, especially considering the company's history of not returning certificates despite the completion of bond and notice periods.
Chandraselhar <link updated to site home> ( Search On Cite | Search On Google )
From India, Hyderabad
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I am working in a company called Annova Technologies in Hyderabad. When I joined, I was under a 1-year bond with a bank guarantee of 20000 INR. However, after completing the 1 year, they are now requesting my original certificates as a guarantee that I will provide one month's notice before leaving the company. This requirement was not mentioned in the offer letter.
Furthermore, they are withholding the bank guarantee until I submit the certificates and have indicated that my salary will be on hold until then.
As far as I am aware, it is not legal for any entity to retain original certificates. Am I correct in this understanding?
I am seeking advice on my next steps. It is important to note that I do not currently have another job lined up. However, I am hesitant to provide my certificates as there is no guarantee that they will be returned, especially considering the company's history of not returning certificates despite the completion of bond and notice periods.
Chandraselhar <link updated to site home> ( Search On Cite | Search On Google )
From India, Hyderabad
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Can an employer ask for a prospective employee to sign an agreement that he will join the company on a specific date, otherwise, he is liable for an undisclosed huge penalty? Will this be considered valid under Indian law?
From India, Bangalore
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From India, Bangalore
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Hi Tej,
I have a problem that I have to leave my company due to my personal reasons, but the company is not releasing me immediately as the company's appointment letter says the employee can leave with one month prior notice or salary of one month in lieu thereof. I am ready to pay one month's salary, but they are not relieving me. What shall I do in this condition?
Rajesh
From India, New Delhi
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I have a problem that I have to leave my company due to my personal reasons, but the company is not releasing me immediately as the company's appointment letter says the employee can leave with one month prior notice or salary of one month in lieu thereof. I am ready to pay one month's salary, but they are not relieving me. What shall I do in this condition?
Rajesh
From India, New Delhi
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Help needed.
I have signed a bond with the company on company letterhead for not joining the client for 2 years after completing my onsite assignment and working for six months once I return to India. But now the client and my company have some issues, and the client wants me to join them on their payroll. The bond says I have to pay damages of 25,000 US dollars if I breach the contract, but there is no legal agreement between my company and the client right now. The bond signed is in India, and I am working out of India.
I want to know if such a bond holds any legal value in this scenario. Can I leave by resigning without any notice period? Please let me know what I should do.
From Qatar, Doha
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I have signed a bond with the company on company letterhead for not joining the client for 2 years after completing my onsite assignment and working for six months once I return to India. But now the client and my company have some issues, and the client wants me to join them on their payroll. The bond says I have to pay damages of 25,000 US dollars if I breach the contract, but there is no legal agreement between my company and the client right now. The bond signed is in India, and I am working out of India.
I want to know if such a bond holds any legal value in this scenario. Can I leave by resigning without any notice period? Please let me know what I should do.
From Qatar, Doha
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Dear all,
Since 1st August 2014, I have been working at a company where I signed a 2-year bond. However, at present, I am considering leaving the company. There is a 6-month probation period in the bond, and if it is broken, I am aware that I will be required to pay three months' gross salary. Could you please provide me with clarification on this matter?
Thank you.
From India, Hyderabad
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Since 1st August 2014, I have been working at a company where I signed a 2-year bond. However, at present, I am considering leaving the company. There is a 6-month probation period in the bond, and if it is broken, I am aware that I will be required to pay three months' gross salary. Could you please provide me with clarification on this matter?
Thank you.
From India, Hyderabad
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* URGENT HELP NEEDED *
Hi,
To all the experts around here, my problem is very similar to those being discussed over here. I would brief you a little so that you're able to help and advise correctly.
I joined this company in mid-August 2014. We agreed on the salary and a one-year commitment in the form of a "Service Agreement" worth two and a half months' salary. The company asked for a cheque of the bond value. Dateless. Stating that it is a standard company policy, and whenever you sign a bond you have to do this. After trying to resist it, I had to give the cheque because otherwise they won't give me the offer letter/appointment letter. Nearly two months into the job, I grew frustrated with the work environment, lack of commitment, sincerity, and all those subjective issues from my boss, who happens to be the co-founder and director of the company. After trying to bear it for almost two months, I decided to quit.
I would request you to please give clarification, guide, and advise on the following points, what options do I have and what would you suggest me to do. (Queries written in CAPS)
1. The bond was printed on a plain A4 size paper, with my and one of the three directors' signature on all the 3 pages. PLEASE NOTE - There is no Stamp Paper in the front. There is no seal of the company on any page.
*** IS SUCH A BOND VALID IN THE FIRST PLACE?
2. I wouldn't term it as threatening, because I don't know if it's correct or not, but THEY WOULD ENCASH THE CHEQUE IF I QUIT BEFORE THE PERIOD.
*** IF I GO TO THE BANK AND "STOP PAYMENT" OF THAT CHEQUE, WHAT ACTIONS CAN THE COMPANY TAKE?
*** ARE THEY LEGALLY ENTITLED TO ENCASHING THAT CHEQUE?
*** WHAT MIGHT BE THE LEGAL CONSEQUENCES OF IT?
3. I did not resign but wrote them a long mail stating the reasons for my disappointment and frustration and the same being the reason for my absence from the office. The reasons being the mental pressures (which are not due to the demanding work) and unhealthy work environment, lack of clarity in the job roles, plus the job roles not being the same as verbally promised (never received any document about it at all). In the long meeting post that mail, after discussions, I finally tried to talk to them to mutually end the agreement, relieve me of my duties and return my cheque.
*** THEY HAVE ASKED TO WORK FOR A MONTH WITHOUT ANY SALARY, AND AFTER THAT THEY'LL RETURN ME MY CHEQUE AND RELIEVE ME. OR ELSE, THEY'RE ENCASHING THE CHEQUE AND I WILL BE FREE TO GO, WITHOUT ANY LETTER OR ANY FORMALITIES. PLEASE NOTE I HAVEN'T OFFICIALLY RESIGNED YET. I FEEL HELPLESS HERE, PLEASE ADVICE. I'M OKAY WITH SERVING A NOTICE PERIOD, BUT AT LEAST I EXPECT THE SALARY DURING THAT TIME.
4. My offer letter states that I need to serve a notice period of 45 days after my resignation letter is accepted. I signed on the photocopy of this agreement as a gesture of "Accepted". The photocopy is with the HR.
*** IS THE NOTICE PERIOD NECESSARY, IF I HAVE NOT WORKED FOR 6 MONTHS OR MORE? (Read a similar thing in the thread.)
*** DOES IT STAND VALID?
5. WHAT IF I DON'T RESIGN AND UNDERPERFORM, SHOW LACK OF COMMITMENT, BE INCOMPETENT, ETC. SO THAT THESE PEOPLE KICK ME OUT. CAN THEY STILL ENCASH THAT CHEQUE? WHAT IF I DON'T CARE ABOUT THE RECOMMENDATION LETTER/RELIEVING LETTER ETC.
*** WOULD YOU SUGGEST SUCH MEASURES IN EXTREME CASES, WHERE I DON'T WANT TO LOSE THAT MONEY.
My company is a relatively small company with 3 Directors and 7 employees but is a part of a big business group locally over here. Since I am not able to find a way right now, and till I get the chance to get some professional legal advice, I'll be joining back from tomorrow to serve the notice period.
I request you to kindly advise on how I should take it forward. If possible, please state the relevant citations so that it'll be easier for me to understand and get out of this. If you need more information so that you could help, feel free to drop me an email at satyaki297@gmail.com.
Thanks a lot.
Satyaki Purandare
P.S. - I would appreciate if I'm not given advice like "You're a quitter" and "why did you sign the bond" etc. I did whatever I did in good faith, I believed the work will be challenging but did not expect people and office culture to be so bad, I worked for the company with full commitment and I am not running away from the job because I cannot bear the workload but I want to quit because I refuse to compromise my work ethics and morals and I want to work at a place which does not contribute to my growth, but instead is an anchor to it. Thanks.
From India, Indore
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Hi,
To all the experts around here, my problem is very similar to those being discussed over here. I would brief you a little so that you're able to help and advise correctly.
I joined this company in mid-August 2014. We agreed on the salary and a one-year commitment in the form of a "Service Agreement" worth two and a half months' salary. The company asked for a cheque of the bond value. Dateless. Stating that it is a standard company policy, and whenever you sign a bond you have to do this. After trying to resist it, I had to give the cheque because otherwise they won't give me the offer letter/appointment letter. Nearly two months into the job, I grew frustrated with the work environment, lack of commitment, sincerity, and all those subjective issues from my boss, who happens to be the co-founder and director of the company. After trying to bear it for almost two months, I decided to quit.
I would request you to please give clarification, guide, and advise on the following points, what options do I have and what would you suggest me to do. (Queries written in CAPS)
1. The bond was printed on a plain A4 size paper, with my and one of the three directors' signature on all the 3 pages. PLEASE NOTE - There is no Stamp Paper in the front. There is no seal of the company on any page.
*** IS SUCH A BOND VALID IN THE FIRST PLACE?
2. I wouldn't term it as threatening, because I don't know if it's correct or not, but THEY WOULD ENCASH THE CHEQUE IF I QUIT BEFORE THE PERIOD.
*** IF I GO TO THE BANK AND "STOP PAYMENT" OF THAT CHEQUE, WHAT ACTIONS CAN THE COMPANY TAKE?
*** ARE THEY LEGALLY ENTITLED TO ENCASHING THAT CHEQUE?
*** WHAT MIGHT BE THE LEGAL CONSEQUENCES OF IT?
3. I did not resign but wrote them a long mail stating the reasons for my disappointment and frustration and the same being the reason for my absence from the office. The reasons being the mental pressures (which are not due to the demanding work) and unhealthy work environment, lack of clarity in the job roles, plus the job roles not being the same as verbally promised (never received any document about it at all). In the long meeting post that mail, after discussions, I finally tried to talk to them to mutually end the agreement, relieve me of my duties and return my cheque.
*** THEY HAVE ASKED TO WORK FOR A MONTH WITHOUT ANY SALARY, AND AFTER THAT THEY'LL RETURN ME MY CHEQUE AND RELIEVE ME. OR ELSE, THEY'RE ENCASHING THE CHEQUE AND I WILL BE FREE TO GO, WITHOUT ANY LETTER OR ANY FORMALITIES. PLEASE NOTE I HAVEN'T OFFICIALLY RESIGNED YET. I FEEL HELPLESS HERE, PLEASE ADVICE. I'M OKAY WITH SERVING A NOTICE PERIOD, BUT AT LEAST I EXPECT THE SALARY DURING THAT TIME.
4. My offer letter states that I need to serve a notice period of 45 days after my resignation letter is accepted. I signed on the photocopy of this agreement as a gesture of "Accepted". The photocopy is with the HR.
*** IS THE NOTICE PERIOD NECESSARY, IF I HAVE NOT WORKED FOR 6 MONTHS OR MORE? (Read a similar thing in the thread.)
*** DOES IT STAND VALID?
5. WHAT IF I DON'T RESIGN AND UNDERPERFORM, SHOW LACK OF COMMITMENT, BE INCOMPETENT, ETC. SO THAT THESE PEOPLE KICK ME OUT. CAN THEY STILL ENCASH THAT CHEQUE? WHAT IF I DON'T CARE ABOUT THE RECOMMENDATION LETTER/RELIEVING LETTER ETC.
*** WOULD YOU SUGGEST SUCH MEASURES IN EXTREME CASES, WHERE I DON'T WANT TO LOSE THAT MONEY.
My company is a relatively small company with 3 Directors and 7 employees but is a part of a big business group locally over here. Since I am not able to find a way right now, and till I get the chance to get some professional legal advice, I'll be joining back from tomorrow to serve the notice period.
I request you to kindly advise on how I should take it forward. If possible, please state the relevant citations so that it'll be easier for me to understand and get out of this. If you need more information so that you could help, feel free to drop me an email at satyaki297@gmail.com.
Thanks a lot.
Satyaki Purandare
P.S. - I would appreciate if I'm not given advice like "You're a quitter" and "why did you sign the bond" etc. I did whatever I did in good faith, I believed the work will be challenging but did not expect people and office culture to be so bad, I worked for the company with full commitment and I am not running away from the job because I cannot bear the workload but I want to quit because I refuse to compromise my work ethics and morals and I want to work at a place which does not contribute to my growth, but instead is an anchor to it. Thanks.
From India, Indore
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Hello Satyaki Purandare,
The options you have and can exercise (which would be different from the first option) would depend a lot on what your priorities are and what you can handle.
To address your queries:
1. The bond was printed on a plain A4 size paper, with my signature and one of the three directors' signature on all three pages. Please note - there is no stamp paper in the front, and there is no seal of the company on any page. Is such a bond valid in the first place?
ANS: No, such bonds are not valid. But that is not the issue in your case. If you need to enforce this aspect, there's no other way but to go legal (at least to the lawyer notice stage). Now, you need to decide if you wish to go that route - involving money, time, and effort.
2. I am contemplating, but they would encash the cheque if I quit before the period. If I go to the bank and "stop payment" of that cheque, what actions can the company take? Are they legally entitled to encashing that cheque? What might be the legal consequences of it?
ANS: You can be sure they would encash the cheque. Better wait for legal members to respond to your query about the consequences of issuing a stop-payment to your bank. Logically, I don't see any problem, except that you may need to be ready for the company to go legal on this issue.
3. I have been asked to work for a month without any salary, and after that, they'll return my cheque and relieve me. Otherwise, they're encashing the cheque, and I will be free to go, without any letter or formalities. Please advise. I'm okay with serving a notice period, but at least I expect the salary during that time.
ANS: Prima facie, this looks to be a better way out of the situation. However, this contradicts your intent of not serving any notice period - it looks like you are confused. The only aspect you need to be careful about during this one-month period is to ensure you don't get stuck in any situations where you might be taken advantage of or, worse, get into a trap. Given what you mentioned about the structure of this company, I won't rule it out altogether. Regarding the salary for this one month, insist on it but be mentally prepared to forget it if they say no. It's advisable to have this deal (serving one month, getting the PDC back, etc.) in writing. Not worth taking any chances at this stage.
4. My notice period of 45 days after my resignation letter is accepted. Is the notice period necessary if I have not worked for 6 months or more? (Read something similar in the thread.) Does it stand valid?
ANS: Looks like you have some earlier experience - meaning, you aren't a fresher. I am sure you must also have read that every company has its own set of policies/rules. The fact of the matter is you accepted. So just forget about this aspect of the case.
5. What if I don't resign and underperform, show a lack of commitment, be incompetent, etc., so that these people kick me out. Can they still encash that cheque? What if I don't care about the recommendation letter/relieving letter, etc.? Would you suggest such measures in extreme cases where I don't want to lose that money?
ANS: While you seem to be presuming what they might do or not do, please note that their actions aren't in your hands. You also seem to forget about the timeline - when they will kick you out. What if they take 1 or 2 years to do so (for whatever reasons)? Are you ready for that scenario - career-wise and emotionally? Another presumption is that you would be given the money...what if they play around with delaying tactics? When you ask for suggestions/advice, it's always better to keep an open mind on what's coming. Even though you might have acted in good faith, like you mentioned, it's a fact that you erred in your judgment. It only points out one factor that you missed out on initially in your eagerness to land just about any job that gives you the salary you are looking for. I suggest you get out of here as smoothly as possible and discuss with a reliable advocate about the steps you should be taking from now until you get formally relieved. This is to ensure that all subsequent steps don't give them a chance to trap you. Learn from this experience. It's always wise to act with the best-case scenario in mind but also with the worst-case scenario from the beginning - especially where there are no reference points to go by. Hope you get the point.
All the best.
Regards,
TS
From India, Hyderabad
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The options you have and can exercise (which would be different from the first option) would depend a lot on what your priorities are and what you can handle.
To address your queries:
1. The bond was printed on a plain A4 size paper, with my signature and one of the three directors' signature on all three pages. Please note - there is no stamp paper in the front, and there is no seal of the company on any page. Is such a bond valid in the first place?
ANS: No, such bonds are not valid. But that is not the issue in your case. If you need to enforce this aspect, there's no other way but to go legal (at least to the lawyer notice stage). Now, you need to decide if you wish to go that route - involving money, time, and effort.
2. I am contemplating, but they would encash the cheque if I quit before the period. If I go to the bank and "stop payment" of that cheque, what actions can the company take? Are they legally entitled to encashing that cheque? What might be the legal consequences of it?
ANS: You can be sure they would encash the cheque. Better wait for legal members to respond to your query about the consequences of issuing a stop-payment to your bank. Logically, I don't see any problem, except that you may need to be ready for the company to go legal on this issue.
3. I have been asked to work for a month without any salary, and after that, they'll return my cheque and relieve me. Otherwise, they're encashing the cheque, and I will be free to go, without any letter or formalities. Please advise. I'm okay with serving a notice period, but at least I expect the salary during that time.
ANS: Prima facie, this looks to be a better way out of the situation. However, this contradicts your intent of not serving any notice period - it looks like you are confused. The only aspect you need to be careful about during this one-month period is to ensure you don't get stuck in any situations where you might be taken advantage of or, worse, get into a trap. Given what you mentioned about the structure of this company, I won't rule it out altogether. Regarding the salary for this one month, insist on it but be mentally prepared to forget it if they say no. It's advisable to have this deal (serving one month, getting the PDC back, etc.) in writing. Not worth taking any chances at this stage.
4. My notice period of 45 days after my resignation letter is accepted. Is the notice period necessary if I have not worked for 6 months or more? (Read something similar in the thread.) Does it stand valid?
ANS: Looks like you have some earlier experience - meaning, you aren't a fresher. I am sure you must also have read that every company has its own set of policies/rules. The fact of the matter is you accepted. So just forget about this aspect of the case.
5. What if I don't resign and underperform, show a lack of commitment, be incompetent, etc., so that these people kick me out. Can they still encash that cheque? What if I don't care about the recommendation letter/relieving letter, etc.? Would you suggest such measures in extreme cases where I don't want to lose that money?
ANS: While you seem to be presuming what they might do or not do, please note that their actions aren't in your hands. You also seem to forget about the timeline - when they will kick you out. What if they take 1 or 2 years to do so (for whatever reasons)? Are you ready for that scenario - career-wise and emotionally? Another presumption is that you would be given the money...what if they play around with delaying tactics? When you ask for suggestions/advice, it's always better to keep an open mind on what's coming. Even though you might have acted in good faith, like you mentioned, it's a fact that you erred in your judgment. It only points out one factor that you missed out on initially in your eagerness to land just about any job that gives you the salary you are looking for. I suggest you get out of here as smoothly as possible and discuss with a reliable advocate about the steps you should be taking from now until you get formally relieved. This is to ensure that all subsequent steps don't give them a chance to trap you. Learn from this experience. It's always wise to act with the best-case scenario in mind but also with the worst-case scenario from the beginning - especially where there are no reference points to go by. Hope you get the point.
All the best.
Regards,
TS
From India, Hyderabad
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Dear All,
My employer has similar clauses for training expenses, but there is no formal training program in place. Instead, I have personally trained 10 new employees who joined under my supervision. Additionally, these new employees are subjected to a 1-year work bond, wherein failure to comply results in the employee becoming liable to pay 6 months' salary and 25,000 INR for training costs.
Another issue is that the employer deducts salary without prior notice for being just 5 minutes late, equating to 2.5% of the daily salary for each incident. Despite working late nights and weekends regularly, there is no overtime policy in effect.
I have experienced my salary being deducted twice without any notification, with management referencing an HR policy that seems to only exist as a rumor. Notably, our bond agreement is not on stamp paper but merely on the company letterhead.
Please advise.
From India, Mumbai
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My employer has similar clauses for training expenses, but there is no formal training program in place. Instead, I have personally trained 10 new employees who joined under my supervision. Additionally, these new employees are subjected to a 1-year work bond, wherein failure to comply results in the employee becoming liable to pay 6 months' salary and 25,000 INR for training costs.
Another issue is that the employer deducts salary without prior notice for being just 5 minutes late, equating to 2.5% of the daily salary for each incident. Despite working late nights and weekends regularly, there is no overtime policy in effect.
I have experienced my salary being deducted twice without any notification, with management referencing an HR policy that seems to only exist as a rumor. Notably, our bond agreement is not on stamp paper but merely on the company letterhead.
Please advise.
From India, Mumbai
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Hello Sir,
I have signed the offer letter in the beginning in which it was stated that I have to sign a service bond of 2 years after completion of my 6 months period. If I sign the bond, I have to be a part of the company for 2 years, and if I wish to leave, I have to pay 50,000. After 6 months, I am not signing the service bond, and they are still asking me to pay 50,000. They have not given any training; instead, they directly asked me to work on a project. What should I do?
Thank you.
From India, undefined
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I have signed the offer letter in the beginning in which it was stated that I have to sign a service bond of 2 years after completion of my 6 months period. If I sign the bond, I have to be a part of the company for 2 years, and if I wish to leave, I have to pay 50,000. After 6 months, I am not signing the service bond, and they are still asking me to pay 50,000. They have not given any training; instead, they directly asked me to work on a project. What should I do?
Thank you.
From India, undefined
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Hello Experts,
I need your advice on a similar matter. I signed a commitment or service agreement with my employer, which was not on a stamp paper. However, it was mentioned in that document that if I leave before 2 years, I have to pay an amount of INR 500,000. This amount is applicable if the company invests in my training, which has not happened at all. In case of unavoidable personal circumstances, the bond does not apply.
As I am getting married and my husband lives in another city, I will not be able to continue with my services. They have asked me to provide proof of my wedding, which I will do. However, I want to understand the validity of a bond signed on regular plain paper. Additionally, since the company has not provided me with any training, is the bond still valid? When I requested a copy of the bond, they refused to provide it. Please advise.
From India, Patiala
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I need your advice on a similar matter. I signed a commitment or service agreement with my employer, which was not on a stamp paper. However, it was mentioned in that document that if I leave before 2 years, I have to pay an amount of INR 500,000. This amount is applicable if the company invests in my training, which has not happened at all. In case of unavoidable personal circumstances, the bond does not apply.
As I am getting married and my husband lives in another city, I will not be able to continue with my services. They have asked me to provide proof of my wedding, which I will do. However, I want to understand the validity of a bond signed on regular plain paper. Additionally, since the company has not provided me with any training, is the bond still valid? When I requested a copy of the bond, they refused to provide it. Please advise.
From India, Patiala
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Hello Mr. Nathrao,
Thank you for your comments. There are a few more things to mention. They hired me for a new department and promised me various things like sales support and resources, which, again, did not happen. Additionally, I have not received the signing amount as agreed. Is this professional or ethical? I do not wish to compromise on my rights. The document states that the bond is not applicable for unforeseen reasons, and I am not leaving the job due to marriage but because I am getting married. I seek advice on how to legally address these unethical issues.
From India, Patiala
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Thank you for your comments. There are a few more things to mention. They hired me for a new department and promised me various things like sales support and resources, which, again, did not happen. Additionally, I have not received the signing amount as agreed. Is this professional or ethical? I do not wish to compromise on my rights. The document states that the bond is not applicable for unforeseen reasons, and I am not leaving the job due to marriage but because I am getting married. I seek advice on how to legally address these unethical issues.
From India, Patiala
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Hello Sonileoz,
Forgetting about 'ETHICS' for a moment, I think Nathrao has already suggested you a way out "Try your level best for a negotiated exit and not a courtroom battle".
If you REALLY want to sort things out legally, the best way is to do the following:
1. Hire a lawyer & explain the case to him to take it forward.
2. Be prepared for the company to respond legally too, which COULD mean that your dues, etc., are bound to get involved. After all, you can't expect them to just sit & watch. Whether what they are doing is 'right' or 'wrong' will be decided by the court, after years. It's not for YOU or anyone else to decide. If the court decides in the end that the company is wrong, then MAYBE you will have the option to file a defamation or monetary claims suit again.
3. Also, be prepared to spend time, energy, & MONEY (as fees to the lawyer. Let me remind you here that NOT ALL advocates are ethical, so you will need to be prepared for this possibility). At this point in time, it would be tough to quantify these aspects. The time would be in years for sure, IF you know how courts operate in India.
4. You are getting married, though nothing can be said at this point in time. When your case begins to drag/languish in the courts, you need to be sure that you will get the support of your husband/family. It's easier saying 'sure, why not' now, but when your family begins to grow, try saying the same thing THEN.
5. You didn't mention how big your present company is. If they are reasonably large, then they CAN (repeat CAN, whether they do it or not is a different issue & up to them) give bad feedback for your next job.
GOING LEGAL IS QUITE SIMPLE when one is ready to face all the above consequences.
The company has already given you an option of proving that you are really getting married by asking for the Wedding Card. In their position, what would you be doing?
I know you may not like the above points.
But suggest ALWAYS try to 'FIRST look before you leap'.
Also, a piece of advice for YOUR benefit:
You mentioned '...they hired me for a new department and promised me a lot of other things like sales support and resources, which again didn't happen'.
I am not sure of your experience level. But please understand that IF you are looking for a job where there's 100% adherence to commitments & 100% compatibility to what you seek in the job, forget it. You won't find it anywhere INCLUDING IN Google, Amazon, Microsoft, etc. And I am saying this from inside knowledge.
There are many ways to resolve the issues you mentioned rather than using them as grounds to leave the company OR going legal.
I recollect a quote by Zig Ziglar: "Attitude & aptitude determine your altitude in life & career".
All the best.
Rgds,
TS
From India, Hyderabad
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Forgetting about 'ETHICS' for a moment, I think Nathrao has already suggested you a way out "Try your level best for a negotiated exit and not a courtroom battle".
If you REALLY want to sort things out legally, the best way is to do the following:
1. Hire a lawyer & explain the case to him to take it forward.
2. Be prepared for the company to respond legally too, which COULD mean that your dues, etc., are bound to get involved. After all, you can't expect them to just sit & watch. Whether what they are doing is 'right' or 'wrong' will be decided by the court, after years. It's not for YOU or anyone else to decide. If the court decides in the end that the company is wrong, then MAYBE you will have the option to file a defamation or monetary claims suit again.
3. Also, be prepared to spend time, energy, & MONEY (as fees to the lawyer. Let me remind you here that NOT ALL advocates are ethical, so you will need to be prepared for this possibility). At this point in time, it would be tough to quantify these aspects. The time would be in years for sure, IF you know how courts operate in India.
4. You are getting married, though nothing can be said at this point in time. When your case begins to drag/languish in the courts, you need to be sure that you will get the support of your husband/family. It's easier saying 'sure, why not' now, but when your family begins to grow, try saying the same thing THEN.
5. You didn't mention how big your present company is. If they are reasonably large, then they CAN (repeat CAN, whether they do it or not is a different issue & up to them) give bad feedback for your next job.
GOING LEGAL IS QUITE SIMPLE when one is ready to face all the above consequences.
The company has already given you an option of proving that you are really getting married by asking for the Wedding Card. In their position, what would you be doing?
I know you may not like the above points.
But suggest ALWAYS try to 'FIRST look before you leap'.
Also, a piece of advice for YOUR benefit:
You mentioned '...they hired me for a new department and promised me a lot of other things like sales support and resources, which again didn't happen'.
I am not sure of your experience level. But please understand that IF you are looking for a job where there's 100% adherence to commitments & 100% compatibility to what you seek in the job, forget it. You won't find it anywhere INCLUDING IN Google, Amazon, Microsoft, etc. And I am saying this from inside knowledge.
There are many ways to resolve the issues you mentioned rather than using them as grounds to leave the company OR going legal.
I recollect a quote by Zig Ziglar: "Attitude & aptitude determine your altitude in life & career".
All the best.
Rgds,
TS
From India, Hyderabad
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My wife borrowed one lakh on demand of a non-judicial bond paper with security of a signed cheque leaf. My wife paid more than one lakh in interest. The bond is not signed by both parties. The interest per month is Rs. 9000. A witness signed the bond. The lender of the loan has passed away, and now his wife is threatening me to either pay one lakh in assets or face legal action. We are afraid. Please advise me.
From India, Bengaluru
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From India, Bengaluru
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I want to resign from the company after one month of joining in which I have signed a 2-year bond, and I have given a post-dated cheque of 200,000. I am on a 6-month probation period. There is also a 3-month notice period. I don't want to pay this amount, even though I haven't received any salary from the company.
This bond amount and duration are not specified in the employment letter, but I have signed on a stamp paper where these terms are mentioned. Is this bond legal if it is not detailed in the employment letter? Additionally, they have not provided a copy of the signed bond.
Please advise me on whether I am required to pay this amount after the due date of the post-dated cheque. What consequences might I face if I do not provide the bond money?
From India, Bangalore
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This bond amount and duration are not specified in the employment letter, but I have signed on a stamp paper where these terms are mentioned. Is this bond legal if it is not detailed in the employment letter? Additionally, they have not provided a copy of the signed bond.
Please advise me on whether I am required to pay this amount after the due date of the post-dated cheque. What consequences might I face if I do not provide the bond money?
From India, Bangalore
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Sir, I received an offer letter from a private company in 2016 for a business profile. There were no bond conditions or statements in the offer letter. During the induction program, I signed a form without reading it because there were other joining formalities, including a Service Bond for 1 year. I was informed later that I had signed a bond for one year. Initially hired for a specific role, my duties and role were changed later on. I worked for 8 months (with a 1-month notice period). The company started assigning new responsibilities which I found challenging, prompting me to submit my resignation letter. Surprisingly, no HR member approached me to discuss my reasons for leaving. I returned all company belongings and completed the necessary employee exit formalities.
After 2 months, the company contacted me via email regarding the bond money. In my response, I explained the circumstances and expressed that if an HR member had spoken to me before my departure, I may have reconsidered. Having joined a different sector and assumed a new role after leaving the company, I now require my relieving letter, which they are requesting.
I seek guidance on how to navigate this situation effectively.
From India
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After 2 months, the company contacted me via email regarding the bond money. In my response, I explained the circumstances and expressed that if an HR member had spoken to me before my departure, I may have reconsidered. Having joined a different sector and assumed a new role after leaving the company, I now require my relieving letter, which they are requesting.
I seek guidance on how to navigate this situation effectively.
From India
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INDIAN DIVORCE ACT 2009.doc
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