Hello everyone. I am a software developer who is new to the software field. I have a bond of 3 years, and my salary is very low. The HR person, while recruiting, told us that we would have a salary hike after 6 months. I have completed 6 months here, but now they are saying that we will receive the hike after 1 year only. My college seniors are advising me to switch jobs. Please help me.
From India, Bangalore
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From India, Bangalore
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Have you received full-time training there, or has the company invested in training for you? If not, then resign and leave. Legally, they can't do anything. They may cause issues in providing you with an experience letter, but such types of bonds will not hold up under legal scrutiny.
Regards, Kamal
From India, Pune
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177Regards, Kamal
From India, Pune
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I have completed my training.I have a certificate bond.I have submitted my certificates while joining.If i want them back then i have to pay 90 thousand rupees.
From India, Bangalore
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From India, Bangalore
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Dear Sonam,
I would suggest that you continue with your bond period. Once your bond period expires, then I would suggest that you change your job. This step/action will help avoid further disciplinary actions/legal actions against you.
If you leave your organization before your bond period finishes, there is a chance that the company might take action against you. Additionally, you will have to pay the liquidated damages mentioned in your bond.
The best way to avoid this is to stay back, wait for your bond period to end, and then make a change. Until then, you will have to compromise with the culture and processes of your company.
From India, Mumbai
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I would suggest that you continue with your bond period. Once your bond period expires, then I would suggest that you change your job. This step/action will help avoid further disciplinary actions/legal actions against you.
If you leave your organization before your bond period finishes, there is a chance that the company might take action against you. Additionally, you will have to pay the liquidated damages mentioned in your bond.
The best way to avoid this is to stay back, wait for your bond period to end, and then make a change. Until then, you will have to compromise with the culture and processes of your company.
From India, Mumbai
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Sonam, weigh the pros and cons. The bond amount of 90k is huge. Your original certificates are with them. Suppose you are getting a new offer with a considerable pay hike, which you can cover within a year, equivalent to 90k over and above your current CTC, you can take a risk of paying back the bond amount. Otherwise, follow as said by Ankit.
From India, Lucknow
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From India, Lucknow
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I have heard that if you go for another job, the interviewer will first look into your current CTC and then decide your package. If so, then I have a very high package, and if I mention it during the interview, I may not receive a package sufficient to compensate my 90k deficit. Additionally, I don't believe that 6 months or 1 year of experience is considered significant in the IT field.
From India, Bangalore
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From India, Bangalore
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Sonam,
Don't be scared of the bond. First, be cool. Go through your bond in detail, of each and every condition in it. Then you shall get some idea about it. If possible, kindly share all the terms and conditions of the bond so that anyone in this forum can suggest something. If your bond is really unbreakable, then you can see how your seniors left the company who were already on the same bond.
Make sure you are not leaving the company just because your seniors suggested it or because you signed a bond. See, dear, there is a saying "What happens, happens for the best." Try to understand why you want to leave rather than how to leave. Finally, answer if you hadn't signed the bond and kept the certificates, would you have left the company?
If you still think leaving the company is right, share your bond terms and conditions. If possible, I shall see how best I can help.
Good Luck...!!
Vishwanath
Hyderabad
From India, Hyderabad
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Don't be scared of the bond. First, be cool. Go through your bond in detail, of each and every condition in it. Then you shall get some idea about it. If possible, kindly share all the terms and conditions of the bond so that anyone in this forum can suggest something. If your bond is really unbreakable, then you can see how your seniors left the company who were already on the same bond.
Make sure you are not leaving the company just because your seniors suggested it or because you signed a bond. See, dear, there is a saying "What happens, happens for the best." Try to understand why you want to leave rather than how to leave. Finally, answer if you hadn't signed the bond and kept the certificates, would you have left the company?
If you still think leaving the company is right, share your bond terms and conditions. If possible, I shall see how best I can help.
Good Luck...!!
Vishwanath
Hyderabad
From India, Hyderabad
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I saw what others are saying. I am sure you have tried your ways. The solution lies with you, how you do it. There are always ways to get out of trouble, and well, it's a good procedure too... SAMA, DAMA, DAND, BHED. (It's in Hindi). Try a new way, and you will get through it, saying it with experience.
Best of luck.
Sushil
From India, Gurgaon
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Best of luck.
Sushil
From India, Gurgaon
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Hello Divya_Gopakumar,
First of all, I suggest this: don't give undue importance to 'peer pressure' -- your friends. It's very easy to say, "Switch the job," but would your friends do it in your position? And if something goes wrong, will these same friends come to your rescue? Not one, I bet. Like the saying goes: there's nothing that's absolutely free of cost, except advice.
Coming to your bond problem, I think you have your focus on the wrong aspects at this point in your career.
You have only 6 months of experience in the IT industry. As you yourself realize, any experience under 20-24 months isn't highly regarded. You might even get another offer as a fresher with your current level of experience. This is the time for you to gather experience.
You also haven't mentioned if you like the job and its contents -- how technically challenging is it? If you are satisfied with these aspects, just stay put, learn, and grow within the available situation. Take my word: money will follow once you enrich yourself technically, whether it's from this company or another. No one will want to lose a technically competent person.
All the best.
Regards,
TS
From India, Hyderabad
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First of all, I suggest this: don't give undue importance to 'peer pressure' -- your friends. It's very easy to say, "Switch the job," but would your friends do it in your position? And if something goes wrong, will these same friends come to your rescue? Not one, I bet. Like the saying goes: there's nothing that's absolutely free of cost, except advice.
Coming to your bond problem, I think you have your focus on the wrong aspects at this point in your career.
You have only 6 months of experience in the IT industry. As you yourself realize, any experience under 20-24 months isn't highly regarded. You might even get another offer as a fresher with your current level of experience. This is the time for you to gather experience.
You also haven't mentioned if you like the job and its contents -- how technically challenging is it? If you are satisfied with these aspects, just stay put, learn, and grow within the available situation. Take my word: money will follow once you enrich yourself technically, whether it's from this company or another. No one will want to lose a technically competent person.
All the best.
Regards,
TS
From India, Hyderabad
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Thank you all. I have some financial problems, and it is difficult for me to survive with this low salary. So, I was thinking of switching jobs. As far as my current job is concerned, I am totally satisfied. My team members are very supportive, and both my PL and PM are very nice persons. I have a good working environment here with no dirty IT politics in my project team. However, I am only referring to my project; other projects are not like that. Anyway, I am exploring alternative solutions to my problem rather than changing jobs. I just wanted to seek advice from all of you. Once again, thank you all.
From India, Bangalore
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From India, Bangalore
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That's the spirit, divya_gopakumar. Just keep up this attitude, and you will go a long way—take it from me.
No problem has just a single solution—there are always multiple solutions. We only need to change our focus/head in other directions to find them.
I remember a quote by Alexander Graham Bell (the inventor of the telephone) here—one that has stood by me in the most trying circumstances in life, some related to life-threats: "When one door closes, He always opens other doors for you; but most often, we keep staring at the closed door that we miss out on those that were opened for us."
All the best.
Regards, TS
From India, Hyderabad
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No problem has just a single solution—there are always multiple solutions. We only need to change our focus/head in other directions to find them.
I remember a quote by Alexander Graham Bell (the inventor of the telephone) here—one that has stood by me in the most trying circumstances in life, some related to life-threats: "When one door closes, He always opens other doors for you; but most often, we keep staring at the closed door that we miss out on those that were opened for us."
All the best.
Regards, TS
From India, Hyderabad
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In India, employment bonds are nothing but private agreements between two parties governed by the Indian Contract Act. There is no specific "Employment Bond Act," etc.
Such bonds are applicable only if the company has invested in the personal growth and development of the employees, rather than just providing training to enhance their performance.
According to the Indian Contract Act, contracts entered into between two parties are considered null and void if they are one-sided. Most employment bonds tend to be one-sided.
Furthermore, as per the Indian Contract Act, no contract can be enforced on any individual if it causes harm to that person or violates principles of natural justice when performed.
In India, bonding in employment is illegal. The bonded labor system was abolished long ago, and no bond can compel a person to work against their wishes.
Section 368 of the Indian Penal Code addresses extortion through threats of legal action. The minimum punishment under this section is two years.
The Supreme Court of India has explicitly stated that no employee can be forced to work against their will, even if they have signed a contract with the employer. Employers cannot withhold personal documents of employees as these belong to the employees and the company has no rights over them.
From India, Pune
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Such bonds are applicable only if the company has invested in the personal growth and development of the employees, rather than just providing training to enhance their performance.
According to the Indian Contract Act, contracts entered into between two parties are considered null and void if they are one-sided. Most employment bonds tend to be one-sided.
Furthermore, as per the Indian Contract Act, no contract can be enforced on any individual if it causes harm to that person or violates principles of natural justice when performed.
In India, bonding in employment is illegal. The bonded labor system was abolished long ago, and no bond can compel a person to work against their wishes.
Section 368 of the Indian Penal Code addresses extortion through threats of legal action. The minimum punishment under this section is two years.
The Supreme Court of India has explicitly stated that no employee can be forced to work against their will, even if they have signed a contract with the employer. Employers cannot withhold personal documents of employees as these belong to the employees and the company has no rights over them.
From India, Pune
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Hi Divya,
From the above message of yours, I understand that you are looking for an alternate solution. Though I don't have much idea about your company, one thing I can suggest is you talk about your financial problem to either the HR head or your boss. If they are cooperative, that's great; if not, then you have nothing to lose.
Hopefully, this suggestion will be of help.
Regards, Ishita Kotak
From India, Ahmadabad
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From the above message of yours, I understand that you are looking for an alternate solution. Though I don't have much idea about your company, one thing I can suggest is you talk about your financial problem to either the HR head or your boss. If they are cooperative, that's great; if not, then you have nothing to lose.
Hopefully, this suggestion will be of help.
Regards, Ishita Kotak
From India, Ahmadabad
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Dear Divya,
If you received a bond and certificates from your company, that indicates the company is engaging in illegal activities. So, don't worry. According to your date of joining, the company has committed to providing you an increment every 6 months. Here are the steps you should take:
1) Meet with the Project Manager (PM) and HR to understand why you have not received an increment. If it's due to performance issues, work on improving within a month and then request an increment via email. Please keep a copy for your records. If you receive the increment and are satisfied with it, you can continue in your job.
2) If the company does not provide the increment, submit a resignation letter stating your notice period. Keep a copy for yourself.
3) Upon completing your notice period, forward the resignation mail to management and ensure all duties and responsibilities are fulfilled.
4) Request your certificates directly from management. If they are not provided, do not continue with the job. After a week, send a registered letter to management resigning and requesting your certificates. Keep a copy for your reference.
5) If you still do not receive your certificates, go to the police station and file a complaint against the company. The police should retrieve the certificates and return them to you within a day.
Don't worry, the bond is not valid. The company is engaging in illegal activities by withholding certificates from employees.
Remember, fear is the first enemy of growth.
By,
Shen
From India, Bangalore
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If you received a bond and certificates from your company, that indicates the company is engaging in illegal activities. So, don't worry. According to your date of joining, the company has committed to providing you an increment every 6 months. Here are the steps you should take:
1) Meet with the Project Manager (PM) and HR to understand why you have not received an increment. If it's due to performance issues, work on improving within a month and then request an increment via email. Please keep a copy for your records. If you receive the increment and are satisfied with it, you can continue in your job.
2) If the company does not provide the increment, submit a resignation letter stating your notice period. Keep a copy for yourself.
3) Upon completing your notice period, forward the resignation mail to management and ensure all duties and responsibilities are fulfilled.
4) Request your certificates directly from management. If they are not provided, do not continue with the job. After a week, send a registered letter to management resigning and requesting your certificates. Keep a copy for your reference.
5) If you still do not receive your certificates, go to the police station and file a complaint against the company. The police should retrieve the certificates and return them to you within a day.
Don't worry, the bond is not valid. The company is engaging in illegal activities by withholding certificates from employees.
Remember, fear is the first enemy of growth.
By,
Shen
From India, Bangalore
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Dear Divya,
Another way to get certificates is if the company is being unlawful in acquiring them from you. So, don't worry. Simply refrain from going to work. Obtain a medical certificate from a doctor and send it to management along with your resignation letter. After 15 days, inquire with management about your certificates. If they are not provided, inform HR that you will proceed to the police station to file a complaint against management. Within a week, they should release your certificates.
With love,
Shen
From India, Bangalore
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Another way to get certificates is if the company is being unlawful in acquiring them from you. So, don't worry. Simply refrain from going to work. Obtain a medical certificate from a doctor and send it to management along with your resignation letter. After 15 days, inquire with management about your certificates. If they are not provided, inform HR that you will proceed to the police station to file a complaint against management. Within a week, they should release your certificates.
With love,
Shen
From India, Bangalore
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Hello Kamal Prasoon Sinha & Shen,
I think both of you are missing the MAIN point here—it's to solve Divya's financial problem and NOT whether Employee Bonds or taking Certificates are legal or illegal, which is only consequential and not Primary. No doubt, what both of you are saying is RIGHT—that BONDS ARE ILLEGAL.
But let's assume for a moment that she listens to what you suggest AND RESIGNS with all the documentation in her hands. NEXT WHAT?
1. Will this solve her financial problems? Actually, it will increase them—you will know 'how' as you read below.
2. IF the Company goes legal, are you suggesting that she too responds the same way? And who pays for her lawyer and who spends the time and effort for whatever time the case drags (remember in India, this can stretch to years)?
3. With just about 6 months of experience—of which how much can be called 'actual experience' and how much of it can be termed as 'training', is anybody's guess—who will give her another job immediately, that's BETTER PAID at a short notice? And all through, she and we have been assuming that there MAY NOT be a Bond situation if she changes—what if this ISN'T true? What if she has to face the same Bond issue in the next job too, does it make sense to change at all?
4. And even assuming she gets another job WITHOUT BOND and WITH HIGHER SALARY, with the mental tension of this issue (whether through a legal process or any other means by the present company), do you think she can concentrate on her next job?
5. Further, given the amount of 90K as Bond money, there is every chance that the present company may spoil her reference with the next company, IF she moves WITHOUT resolving it. IF this worst-case-scenario occurs, can she handle it—First of all, does she NEED TO GO THROUGH IT AT ALL, if and when she can find other options to solve her ACTUAL problem?
I suggest you think/look at the larger picture—NOT just as a Bond-is-legal-illegal issue. I am sure you will come up with totally different practical/realistic ideas to suggest. This is where Alexander Graham Bell's Quote becomes relevant.
Regards,
TS
From India, Hyderabad
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I think both of you are missing the MAIN point here—it's to solve Divya's financial problem and NOT whether Employee Bonds or taking Certificates are legal or illegal, which is only consequential and not Primary. No doubt, what both of you are saying is RIGHT—that BONDS ARE ILLEGAL.
But let's assume for a moment that she listens to what you suggest AND RESIGNS with all the documentation in her hands. NEXT WHAT?
1. Will this solve her financial problems? Actually, it will increase them—you will know 'how' as you read below.
2. IF the Company goes legal, are you suggesting that she too responds the same way? And who pays for her lawyer and who spends the time and effort for whatever time the case drags (remember in India, this can stretch to years)?
3. With just about 6 months of experience—of which how much can be called 'actual experience' and how much of it can be termed as 'training', is anybody's guess—who will give her another job immediately, that's BETTER PAID at a short notice? And all through, she and we have been assuming that there MAY NOT be a Bond situation if she changes—what if this ISN'T true? What if she has to face the same Bond issue in the next job too, does it make sense to change at all?
4. And even assuming she gets another job WITHOUT BOND and WITH HIGHER SALARY, with the mental tension of this issue (whether through a legal process or any other means by the present company), do you think she can concentrate on her next job?
5. Further, given the amount of 90K as Bond money, there is every chance that the present company may spoil her reference with the next company, IF she moves WITHOUT resolving it. IF this worst-case-scenario occurs, can she handle it—First of all, does she NEED TO GO THROUGH IT AT ALL, if and when she can find other options to solve her ACTUAL problem?
I suggest you think/look at the larger picture—NOT just as a Bond-is-legal-illegal issue. I am sure you will come up with totally different practical/realistic ideas to suggest. This is where Alexander Graham Bell's Quote becomes relevant.
Regards,
TS
From India, Hyderabad
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Hi,
Legally, if they have committed to a salary hike (in writing), then their failure to honor it negates and invalidates the bond. If you don't have that in writing, then you are out of luck.
In any case, since they have your original certificates, you are stuck here. Getting it back by court action is too time-consuming and expensive. The other option is to get fresh copies of all your certificates, again a very tedious process.
I do not know why you accepted a bond where you were required to give over original certificates. That is a bad idea. It allows them to hold you to ransom to their whims and fancies.
From India, Mumbai
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Legally, if they have committed to a salary hike (in writing), then their failure to honor it negates and invalidates the bond. If you don't have that in writing, then you are out of luck.
In any case, since they have your original certificates, you are stuck here. Getting it back by court action is too time-consuming and expensive. The other option is to get fresh copies of all your certificates, again a very tedious process.
I do not know why you accepted a bond where you were required to give over original certificates. That is a bad idea. It allows them to hold you to ransom to their whims and fancies.
From India, Mumbai
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Dear Divya,
As rightly suggested by Tajsatheesh, there are several solutions for every problem, and you, as a fresher in the industry, have a long way to go. For certain things in life, it's only TIME that can find a solution. So please be patient and work with dedication; surely, things will work out well for you.
Do not make decisions because someone is suggesting it. REMEMBER, YOU SHOULD BE THE FINAL DECISION MAKER BECAUSE IT IS YOU WHO HAS TO FACE THE CONSEQUENCES LATER.
You also mentioned that in other aspects, you are very HAPPY with your job. That's important here. Good luck.
From India, Hyderabad
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As rightly suggested by Tajsatheesh, there are several solutions for every problem, and you, as a fresher in the industry, have a long way to go. For certain things in life, it's only TIME that can find a solution. So please be patient and work with dedication; surely, things will work out well for you.
Do not make decisions because someone is suggesting it. REMEMBER, YOU SHOULD BE THE FINAL DECISION MAKER BECAUSE IT IS YOU WHO HAS TO FACE THE CONSEQUENCES LATER.
You also mentioned that in other aspects, you are very HAPPY with your job. That's important here. Good luck.
From India, Hyderabad
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Hi Divya,
Can you please confirm in which domain you are working and your current job location? We have a requirement for software developers in our organization. Maybe I could be of some help.
Regards,
Sakshi Gupta
From India, Meerut
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Can you please confirm in which domain you are working and your current job location? We have a requirement for software developers in our organization. Maybe I could be of some help.
Regards,
Sakshi Gupta
From India, Meerut
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Listen, all you do is stick to the same because switching companies is not a solution. So stay and prove your ability because if you learn the A-Z of the company, you might be offered a higher position. But sticking with colleagues can sway you away. You will get a hike, and it will be a slow and gradual process.
From India, Mumbai
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From India, Mumbai
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Hi Divya,
Is it mentioned in your employment contract that there will be a salary increase once you have completed 6 months there? If yes, then present it to them and request the raise. If they refuse to increase your salary, then proceed with legal actions against them.
Prose
Pune
From India, Pune
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Is it mentioned in your employment contract that there will be a salary increase once you have completed 6 months there? If yes, then present it to them and request the raise. If they refuse to increase your salary, then proceed with legal actions against them.
Prose
Pune
From India, Pune
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Dear Divya,
As a fresher, my kind suggestion follows:
1) You should not bother about the pay. The only thing you should concern yourself with is peer support, learning opportunities, and work pressure.
2) Try to learn as much as possible.
3) Think about how the company has invested a huge amount of time and infrastructure in your training.
4) Switching jobs in the short term will affect your long-term position growth.
Consider the above points and try to stay with the company for a couple of years. You should also think ethically. Remember, salary and finances are not the only important aspects of our lives. I hope you will make the best decision.
Cheers
From India, Bangalore
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As a fresher, my kind suggestion follows:
1) You should not bother about the pay. The only thing you should concern yourself with is peer support, learning opportunities, and work pressure.
2) Try to learn as much as possible.
3) Think about how the company has invested a huge amount of time and infrastructure in your training.
4) Switching jobs in the short term will affect your long-term position growth.
Consider the above points and try to stay with the company for a couple of years. You should also think ethically. Remember, salary and finances are not the only important aspects of our lives. I hope you will make the best decision.
Cheers
From India, Bangalore
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Hi Divya,
when i joined this present job of mine i was said i would get increment, company mobile, company car and even company laptop after I complete 1 year. But now today I completed 1 year and 4 months and none of the above listed things I have received. I don’t have any eager to get any mobile, car or laptop ….but salary . for getting salary people mostly work. Only 10% will be working just for experience. But me I was that category when I joined. When I saw no change in my case even after 1 year I myself changed the category . now I working to get salary. That is important for me . for what I work I need that benefit.
After 1 year I took off my degree certificate from the PRO. If once I get a chance I would like to leave this company . life has become expensive . year by year expense will increase.
so i would suggest you also move off from that company . if you deserve more than what you are getting then move off to some other job.
From United Arab Emirates, Dubai
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when i joined this present job of mine i was said i would get increment, company mobile, company car and even company laptop after I complete 1 year. But now today I completed 1 year and 4 months and none of the above listed things I have received. I don’t have any eager to get any mobile, car or laptop ….but salary . for getting salary people mostly work. Only 10% will be working just for experience. But me I was that category when I joined. When I saw no change in my case even after 1 year I myself changed the category . now I working to get salary. That is important for me . for what I work I need that benefit.
After 1 year I took off my degree certificate from the PRO. If once I get a chance I would like to leave this company . life has become expensive . year by year expense will increase.
so i would suggest you also move off from that company . if you deserve more than what you are getting then move off to some other job.
From United Arab Emirates, Dubai
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Do not leave the job right now. Respect the first job, which will create the foundation of your career.
From India, Mumbai
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From India, Mumbai
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Hi Divya,
If you want to switch jobs, you can do so. There are only three impacts:
1) You will not receive an experience letter from the company, but you can show your offer letter and last salary slip for experience validation.
2) Your current company may send you three recovery letters and one legal letter, but these are just letters with no other consequences.
3) Your new company may conduct a verification process for your Full and Final settlement, and you need to be honest about any bond-related issues.
Please let me know if you need any further clarification or assistance.
From India, Gurgaon
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If you want to switch jobs, you can do so. There are only three impacts:
1) You will not receive an experience letter from the company, but you can show your offer letter and last salary slip for experience validation.
2) Your current company may send you three recovery letters and one legal letter, but these are just letters with no other consequences.
3) Your new company may conduct a verification process for your Full and Final settlement, and you need to be honest about any bond-related issues.
Please let me know if you need any further clarification or assistance.
From India, Gurgaon
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Dear Sonam, Greeting of the day!! Kindly read your bond terms and condition,you will definitely find out the solution if possible then share with us also. With regards, Sameer K Ghosh
From India, Daman
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From India, Daman
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Dear Sonam, This is for you "Winner don’t do different thinks,but they do the thinks differently." Witegards, Sameer K Ghosh
From India, Daman
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From India, Daman
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Dear Divya,
Taj Satheesh is right. Take this job as an opportunity to gain experience and develop yourself with sound skills. Immerse yourself in your work; one year will fly by. Go with the job, but think before you act.
One more thing, where you have been selected, ask the management to mention the fixed salary and terms of the hike in your offer letter.
Best of luck for your career growth.
Basha
Telecom Manager
MIOT Hospital
Chennai
From India, Madras
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Taj Satheesh is right. Take this job as an opportunity to gain experience and develop yourself with sound skills. Immerse yourself in your work; one year will fly by. Go with the job, but think before you act.
One more thing, where you have been selected, ask the management to mention the fixed salary and terms of the hike in your offer letter.
Best of luck for your career growth.
Basha
Telecom Manager
MIOT Hospital
Chennai
From India, Madras
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Employer cannot compel employees to open salary act in its bank - Kerala HC 14.3.2017.pdf
Salary hike projection.doc