Dear All,
I joined a company on May 21st, 2012. I have more than four years of experience in the industry, but at that time, I had no job in hand. This company asked me to join as a trainee for just 8K, and moreover, they forced me to sign a bond (agreement) for one year on the company letterhead. The agreement stated that if an employee leaves the organization, he/she will have to return three months' salary to the company. After signing that agreement, I started working there and realized that there was no opportunity for learning and no personal growth. I felt that by staying there, I would be wasting an important year of my career, so I left the company after just 20-22 days.
Now, after around three months, the company has emailed me to clear the dues within 48 hours as I have breached the agreement, warning that they will take legal action against me.
So, please guide me on what to do. I was with that company for not even one month, did not utilize their resources, nor received any training from them, and yet they are harassing me.
Is there any way out for me, or have I been trapped by them now?
Thanks,
Kulu
From India, Delhi
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I joined a company on May 21st, 2012. I have more than four years of experience in the industry, but at that time, I had no job in hand. This company asked me to join as a trainee for just 8K, and moreover, they forced me to sign a bond (agreement) for one year on the company letterhead. The agreement stated that if an employee leaves the organization, he/she will have to return three months' salary to the company. After signing that agreement, I started working there and realized that there was no opportunity for learning and no personal growth. I felt that by staying there, I would be wasting an important year of my career, so I left the company after just 20-22 days.
Now, after around three months, the company has emailed me to clear the dues within 48 hours as I have breached the agreement, warning that they will take legal action against me.
So, please guide me on what to do. I was with that company for not even one month, did not utilize their resources, nor received any training from them, and yet they are harassing me.
Is there any way out for me, or have I been trapped by them now?
Thanks,
Kulu
From India, Delhi
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Dear Kulu,
I invite you to read a similar post here. It relates to your question except that it refers to teachers in an engineering college. I believe you will get a sense of what your options may be.
Take care!
From India, Gurgaon
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95I invite you to read a similar post here. It relates to your question except that it refers to teachers in an engineering college. I believe you will get a sense of what your options may be.
Take care!
From India, Gurgaon
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Dear Kulu,
Just stop worrying about any possible legal action against you because two strong facts are in your favor:
1. What you signed with the company is called a one-sided bond/agreement and has no legal footing. A one-sided agreement is an agreement where one party agrees to all the conditions as imposed by another party, and this is usually seen as the party who agreed is doing so under some pressure.
2. Any employer can't demand more money than what he spent on you (including salary, training, etc.). If he/she does so, it is considered exploitation and harassment.
So now you have a reason to be happy. Don't forget to reply to your employer, informing him that what he is doing is harassment, and if not stopped immediately, then you will initiate legal action against them.
Enjoy,
vverma01
From India, Mumbai
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Just stop worrying about any possible legal action against you because two strong facts are in your favor:
1. What you signed with the company is called a one-sided bond/agreement and has no legal footing. A one-sided agreement is an agreement where one party agrees to all the conditions as imposed by another party, and this is usually seen as the party who agreed is doing so under some pressure.
2. Any employer can't demand more money than what he spent on you (including salary, training, etc.). If he/she does so, it is considered exploitation and harassment.
So now you have a reason to be happy. Don't forget to reply to your employer, informing him that what he is doing is harassment, and if not stopped immediately, then you will initiate legal action against them.
Enjoy,
vverma01
From India, Mumbai
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The question arises, did you get your resignation duly accepted from the company, and were you formally relieved, or did you simply leave the company without serving any resignation notice? You have not mentioned anything about that aspect.
From India, Delhi
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From India, Delhi
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Dear PS Dhingra, I did informed HR through call that I won’t be able to continue further, though I didn’t gave any formal resignation. I just worked their for 20-22 days. Thanks, Kuldeep
From India, Delhi
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From India, Delhi
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Clauses Says:
You commit to serve "Company name" for a minimum period of 12 months as per the policy of "Company Name". However, once accepted by you, it will be a binding contract. This agreement supersedes any/all prior agreement(s) and understanding with the employee.
Employee before leaving the job will serve a 45-day prior notice to the firm. You would be required to serve the stipulated notice period, and early release would be at the sole discretion of the management. However, under "Company's" disciplinary procedure, your services can be terminated without any notice period. In case of violation of the clause, we should be free to take any legal action or impose a penalty against the employee.
Failure to comply with any conditions mentioned above in clauses will result in an immediate termination of the Employee agreement, which is completely Management's decision and as a consequence, will require the Employee to reimburse an amount of Rs. 24,000/- to the company.
From India, Delhi
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You commit to serve "Company name" for a minimum period of 12 months as per the policy of "Company Name". However, once accepted by you, it will be a binding contract. This agreement supersedes any/all prior agreement(s) and understanding with the employee.
Employee before leaving the job will serve a 45-day prior notice to the firm. You would be required to serve the stipulated notice period, and early release would be at the sole discretion of the management. However, under "Company's" disciplinary procedure, your services can be terminated without any notice period. In case of violation of the clause, we should be free to take any legal action or impose a penalty against the employee.
Failure to comply with any conditions mentioned above in clauses will result in an immediate termination of the Employee agreement, which is completely Management's decision and as a consequence, will require the Employee to reimburse an amount of Rs. 24,000/- to the company.
From India, Delhi
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Dear Kulu,
Nothing to worry about. Please forward the email which you've received and the agreement to the labor court. No employer or company has the right to take any employee under coercion. An agreement is valid only if it is made freely and is mutually beneficial to both parties. Please ask the employer not to give such threats again; otherwise, you will be taking legal action against him. The agreement you've signed is totally null and void. It has no legitimate validity. You can show it to any practicing lawyer.
Thanks, Bhumi
From India, Delhi
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Nothing to worry about. Please forward the email which you've received and the agreement to the labor court. No employer or company has the right to take any employee under coercion. An agreement is valid only if it is made freely and is mutually beneficial to both parties. Please ask the employer not to give such threats again; otherwise, you will be taking legal action against him. The agreement you've signed is totally null and void. It has no legitimate validity. You can show it to any practicing lawyer.
Thanks, Bhumi
From India, Delhi
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Just want to comment on this point. By the way, as per a verdict of the Mumbai High Court dated 18.07.2012, all software companies are also covered under the Factory Act. To get complete details of the verdict, please Google "Software firms are factories."
This means that labor laws and labor courts are applicable in software industries as well.
Thanks,
vverma01
From India, Mumbai
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This means that labor laws and labor courts are applicable in software industries as well.
Thanks,
vverma01
From India, Mumbai
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Please see the latest discussion regarding service bond at [this link](https://www.citehr.com/423676-legality-service-bond-private-organisation-5.html#ixzz24kAuWayb).
I hope this helps. Let me know if you need further information.
From India, Kochi
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I hope this helps. Let me know if you need further information.
From India, Kochi
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Dear Kulu,
Regardless of what your legal position is, I don't for one second accept your assertion that your employer forced you to sign a bond.
Do you even know what 'forced' means?
It means under duress, threat, or fear. Are you saying that your employer threatened you to accept the job and sign the bond? If that really did happen, did you go to the cops or any other authority to either report the matter or request assistance?
Come on mate - get real!
The truth is that you accepted a position knowing what you were getting into. When they 'forced' you into signing a bond, why didn't you simply walk away if it upset you so much? Why did you sign it? Was it because you wanted a job when nobody else was offering you one? If that is true, then you weren't forced by your employer - were you? Instead, you were forced into accepting and signing by your circumstances.
As much as you may have a legal remedy, this should be a significant lesson to you for life. And, that lesson is this:
Your Choices have Consequences!
Unfortunately, in this incident, you made the decision, but now, don't want to confront the consequences.
I truly want you to find well-wishers on this forum who can help you out of your 'self-created mess'. But, more than that, I want you to learn from this incident that the next time you take a decision, make sure you do it knowing that you and only you are accountable and responsible for any consequences that follow!
All the Best!
From India, Gurgaon
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Regardless of what your legal position is, I don't for one second accept your assertion that your employer forced you to sign a bond.
Do you even know what 'forced' means?
It means under duress, threat, or fear. Are you saying that your employer threatened you to accept the job and sign the bond? If that really did happen, did you go to the cops or any other authority to either report the matter or request assistance?
Come on mate - get real!
The truth is that you accepted a position knowing what you were getting into. When they 'forced' you into signing a bond, why didn't you simply walk away if it upset you so much? Why did you sign it? Was it because you wanted a job when nobody else was offering you one? If that is true, then you weren't forced by your employer - were you? Instead, you were forced into accepting and signing by your circumstances.
As much as you may have a legal remedy, this should be a significant lesson to you for life. And, that lesson is this:
Your Choices have Consequences!
Unfortunately, in this incident, you made the decision, but now, don't want to confront the consequences.
I truly want you to find well-wishers on this forum who can help you out of your 'self-created mess'. But, more than that, I want you to learn from this incident that the next time you take a decision, make sure you do it knowing that you and only you are accountable and responsible for any consequences that follow!
All the Best!
From India, Gurgaon
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