Yes, breaking a bond is illegal, but people do it and face the consequences. As you know, any court in India will take years to settle the issue. By that time, you must have grown to new heights, and even if the court rules against you, there is nothing to worry about. Your new employment must be much better placed, and instead of continuing with a job that does not challenge you, it is better to take a calculated risk. Before signing a bond or issuing a blank cheque, always think ten times and consult your seniors. Working late is common in the industrial scenario now, but if it is a job that you do not like and will not provide you with challenges, there is no point in wasting your energy. Look for something that suits you better!
From India, Ahmadabad
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Do you have a photocopy of the cheque you gave to the organization? To the best of my knowledge, an undated cheque cannot be invoked by the organization! Please check the correct position on this with your lawyer. Unless the organization initiates your separation, you would certainly lay yourself open to legal action, at least civil if not criminal. You would probably win in the end, but would have to face the nuisance in the meanwhile.

Since many of the suggestions given to you, though practical, are not very professional, I would not like to comment on them. All I can say is, create a situation in which the organization prefers you leave rather than you taking the action of separating. (Falling ill and remaining absent every now and then is a fairly good reason).

Gerry303

From India, New Delhi
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Hi,

As mentioned above:

1. Please check the terms of employment in your appointment letter and bond.
2. Consult a lawyer and take his advice to be legally correct.
3. Learn from your mistakes and do a background check on the company you are joining.

Regards,
SF

From India, Mumbai
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Wow,

"All I can say is, create a situation in which the organization prefers you to leave rather than you taking the action of separating. (Falling ill and remaining absent every now and then is a fairly good reason.)" sounds very professional.

Thanks & Regards


From India, Pune
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Yes, it is true. You should not make hasty decisions. Regardless of where you work, there will be positives and negatives. So, take a little more time.

I would suggest that while you are there, inform HR that these are your concerns and observe the responses. Keep all communications in writing.

From India, New Delhi
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Close the bank account and simply resign the job and leave the company by stating that Medically I am not feeling well. Then they can’t do any thing upon u.
From India, Mumbai
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Hi Annu,

This is a very critical position for you, and I totally agree with Harshil and Benedict. Annu, please check the appointment letter to see the terms and conditions, and you need to meet with the HR Department and the employer to present the current situation in writing or verbally. In the future, do not sign any bond without reading the terms and conditions.

Thanks,
Chander HR Executive
Email: chander_kmr02@rediffmail.com

From India, New Delhi
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Hello dude,

Just get that cheque canceled from your respective bank. I am sure you have that cheque reference with you. Afterwards, you need to search for a job, and you need not show this company as your previous employer.

Here, there can be two cases. If you show this as your present employer, then your next employer will need its relieving letter. You can strike a deal with them if they are willing to buy it out. Or tell them the exact situation and switch with a minimum hike. If possible, try to convince HR to offer a backdated offer (it is tough to get, but many companies do that with a nominal bond of 6 months).

If you don't show this experience to be counted, then you need to justify your gray tenure. (You just cannot say that you were jobless!)

Thanks and Regards, Ankit Gupta


From United Kingdom, Warrington
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Dear Sir,

Bonded labour is not permitted under Indian law, and any act by the employer will be deemed as an offense under the Bonded Labour Act. It is only a training bond where the employer has the right to exercise power and can compel the employee to serve a minimum tenure with them as agreed upon or else to pay an amount equivalent to the training cost incurred by them. This training bond contract is enforceable in the court of law, and all such amounts are recoverable from the employee if the terms and conditions previously agreed upon are not complied with by the employee.

From your query, it does not seem like a training bond, so there is nothing to worry about. You may discontinue at your own accord. If the employer asks for any recovery, get it documented and ask them to send it through RPAD. On receipt of any such document, you may file a legal suit stating that the employer is coercing you to work under the shelter of the Bonded Labour Act.

Regards,
AS

From India, Rohtak
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My dear,

Do not worry. No company can keep you under bond as it violates the Bonded Labour Act. I remember, just check it; such a case was dismissed at the Chandigarh High Court a few years back. Go through your appointment letter and the date you mentioned on the cheque (I don't think the date was there). Any progress on that, then contact me.

Wish you all the best.

Mano

From India, Madras
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