I am an experienced software engineer and was forced to sign a bond of 1.5 years while joining the company. I left the company after 6 days as there were only rules and regulations. They did not provide any training or any salary, but they are asking to pay 50000 as per the bond. They have sent a legal notice. What should I do? I don't have an interest to work there and to pay 50000. Can anyone suggest me?
From India, Bangalore
From India, Bangalore
Dear Member,
First of all, if you mention that you are an experienced employee, then why did you make a mistake? When you had your interview, were you not aware that you should have signed a contract with the company? Why did you join that company and sign a bond?
Thank you.
From India, Mumbai
First of all, if you mention that you are an experienced employee, then why did you make a mistake? When you had your interview, were you not aware that you should have signed a contract with the company? Why did you join that company and sign a bond?
Thank you.
From India, Mumbai
Yes, I feel it's my fault. Do you mean I have to pay the full amount? They did not spend a single paisa on me, yet I need to pay 50000? I worked for 6 days. Once they told me that I need to work 12 hours, but it's not possible for me as I need to travel to my room. They are not ready to listen to me; they only think about work, not my problem.
From India, Bangalore
From India, Bangalore
Dear Member, u were contract with compnay on legel stemp paper????? hav u read contract before signed??????????????????????????????
From India, Mumbai
From India, Mumbai
Yes, it's on stamp paper, and I didn't read it as they asked me to sign in a hurry. After searching on the internet, I found the following lines... Is this true?
If the bond is a service agreement/contract bond (without any training investment on the employee), then that bond is invalid and does not stand in the court of law. The employee need not worry about breaking it. If the bond is a training bond, then it may stand valid in the court of law, for which we need to examine the content of the bond clauses. In any case, bonded labor is now banned in India, which means no employer can keep any employee under any form of bond/agreement that is not valid in the court of law. Nowadays, employers use this tactic to create a psychological effect on employees; however, such bonds hold no value.
This individual should seek advice from a lawyer and send a formal explanation notice to their company if all aspects align with legality.
From India, Bangalore
If the bond is a service agreement/contract bond (without any training investment on the employee), then that bond is invalid and does not stand in the court of law. The employee need not worry about breaking it. If the bond is a training bond, then it may stand valid in the court of law, for which we need to examine the content of the bond clauses. In any case, bonded labor is now banned in India, which means no employer can keep any employee under any form of bond/agreement that is not valid in the court of law. Nowadays, employers use this tactic to create a psychological effect on employees; however, such bonds hold no value.
This individual should seek advice from a lawyer and send a formal explanation notice to their company if all aspects align with legality.
From India, Bangalore
Dear P Jamadar,
You have written that you were forced to sign, which I think no one will accept because you are an experienced person. Making a judgment about the company within 6 days, I think you are taking a much faster decision because unless you stay there for a couple of months, you cannot put blame on the company. Now, as far as rules and regulations are concerned, it depends on the person's perspective because every company establishes rules and regulations for the betterment of the company and the system.
You have also mentioned the salary. Now, the question arises after accepting the offer, stating that they are paying less salary, which is not justified to me. I suggest you stay there for 1.5 years and then decide for the rest of the years.
Best of luck.
Arun J.
From India, Hyderabad
You have written that you were forced to sign, which I think no one will accept because you are an experienced person. Making a judgment about the company within 6 days, I think you are taking a much faster decision because unless you stay there for a couple of months, you cannot put blame on the company. Now, as far as rules and regulations are concerned, it depends on the person's perspective because every company establishes rules and regulations for the betterment of the company and the system.
You have also mentioned the salary. Now, the question arises after accepting the offer, stating that they are paying less salary, which is not justified to me. I suggest you stay there for 1.5 years and then decide for the rest of the years.
Best of luck.
Arun J.
From India, Hyderabad
After going to company i came to know that they are taking every employs original marks cards and 1.5 yr bond. some Eng students getting 6000/M...but i did nt give marks cards
From India, Bangalore
From India, Bangalore
did u get legal notice by register AD or CPC. did u accept it??????????????????????????????????????........................................................................wht was written in notice.
From India, Mumbai
From India, Mumbai
As an HR professional, I totally oppose taking original documents from employees. The company can take originals only for cross-verification, but keeping them with the company is wrong. For that purpose, you can definitely make a call, but for other purposes, it will be too fast.
Arun J.
From India, Hyderabad
Arun J.
From India, Hyderabad
Dear P Jamadar, Dont worry... Nothing u have to pay... But next time think first and then join... Regards, Adv. Apurva Singh
From India, Mumbai
From India, Mumbai
Dear Mr Jamadar and Mr Gandhi , Kindly take little care about English language when you write to professional forum like ours. Regards and best wishes , Aspirationhs
From India, Bangalore
From India, Bangalore
I am having knowledge of HR but thing is that my writing so poor. I am learning to write.>>>>>>>>>>>>>>>>>>>>>>>>
From India, Mumbai
From India, Mumbai
All the above comments are correct individually, whether they are right or not. However, signing any letter requires some sense. If a company sends a legal notice, one must respect the law. The decision may be in favor of the employee or not, but it is an unnecessary problem that could hinder one's career. Companies implement bonds because many employees lack credibility and frequently change jobs, which is why the company enforces bonds. It is now up to the contents of the bond to be reviewed in order to determine the next steps.
From India, Pune
From India, Pune
Mr. Jamadar,
I can understand under the circumstances that you must have signed the bond. Of course, you cannot say you were forced to sign it. On the other hand, you need not take that defense also. The bond that you have signed needs to be approved by a court of law under the Contract Act as well. That apart, unfair labor/employee practice is also an issue here. We have dealt with such situations several times for our clients and have shown the employer where they stand in the eyes of the law. They cannot think just because they are a company and you an individual, you will not be able to match their might and cannot fight them if challenged, and meekly give up Rs. 50,000; I don't think so. I would first retaliate with a harassment (legal) notice against them and then wait for their reply. It's only then we know how serious they are about extracting that money from you. Even an average lawyer will make them spend at least half of that amount to begin with. If you need any help in Bangalore, do let me know. Do not fret; you have not committed a crime. The bond is litigable if need be, and you will succeed for sure.
From India, Chennai
I can understand under the circumstances that you must have signed the bond. Of course, you cannot say you were forced to sign it. On the other hand, you need not take that defense also. The bond that you have signed needs to be approved by a court of law under the Contract Act as well. That apart, unfair labor/employee practice is also an issue here. We have dealt with such situations several times for our clients and have shown the employer where they stand in the eyes of the law. They cannot think just because they are a company and you an individual, you will not be able to match their might and cannot fight them if challenged, and meekly give up Rs. 50,000; I don't think so. I would first retaliate with a harassment (legal) notice against them and then wait for their reply. It's only then we know how serious they are about extracting that money from you. Even an average lawyer will make them spend at least half of that amount to begin with. If you need any help in Bangalore, do let me know. Do not fret; you have not committed a crime. The bond is litigable if need be, and you will succeed for sure.
From India, Chennai
I don't think there is anything to worry about right now. If the company follows up with you, send a legal reply to them asking for a copy of the contract signed by you so that you can look into the finer details, including working hours and facilities, etc.
If they had asked you to work for 12 hours and the same is mentioned in the contract, they will not furnish the copy of the contract as this can be challenged.
From India, Haryana
If they had asked you to work for 12 hours and the same is mentioned in the contract, they will not furnish the copy of the contract as this can be challenged.
From India, Haryana
Generally, such type of bond is not legally valid in India, since it is executed under coercion. Moreover, it is a violation of Section 27 of The Contract Act, being an agreement in restraint of profession. It is also a violation of Article 19 of our Constitution, which guarantees freedom to do any trade, business, or practice any profession in India. However, if it is executed to recover any actual loss suffered by your employer, then it can be recovered, e.g., to recover actual training expenses incurred for your training abroad. Under no circumstances, you should agree to pay any amount from your own pocket. Let them recover it through court by proving the actual loss suffered by them. If they do not accept your resignation or settle your dues, please file a writ against them before the concerned High Court.
From India, Delhi
From India, Delhi
Just contact the nearest Labour Welfare Office and send a written notice regarding mental harassment. You can provide reasons for working late and also mention that you signed the agreement without reading it and were unaware of its contents.
From India, Delhi
From India, Delhi
Hi,
Later review all opinion, i would like to inform you that no one can pressurize to anybody to work under such scenario, i am from Pakistan and currently working as HR Manager in reputable firm and just want to inform you that as per 'International labor law' no one has right to bound, while in Pakistan when anybody hired in Government organization, he has to signed such legal bond paper but if he didn't want to work, no one can bound him/her.
Advice: You can take medical certificate against that company that you are not able to work under such scenario and your mental abilities don’t supports/match with their organizational structure.
Advice: Colleague’s Leg pulling environment in that company badly effecting on your physical/mental health in just (6) days.
I don't think so that anybody will agree to hire/or to pressurize such employee after receiving such arguments.
Tauseef Ahmad
From Pakistan, Karachi
Later review all opinion, i would like to inform you that no one can pressurize to anybody to work under such scenario, i am from Pakistan and currently working as HR Manager in reputable firm and just want to inform you that as per 'International labor law' no one has right to bound, while in Pakistan when anybody hired in Government organization, he has to signed such legal bond paper but if he didn't want to work, no one can bound him/her.
Advice: You can take medical certificate against that company that you are not able to work under such scenario and your mental abilities don’t supports/match with their organizational structure.
Advice: Colleague’s Leg pulling environment in that company badly effecting on your physical/mental health in just (6) days.
I don't think so that anybody will agree to hire/or to pressurize such employee after receiving such arguments.
Tauseef Ahmad
From Pakistan, Karachi
The important word you have mentioned is the word "Force" - how do you justify that? Once you justify that and if it is accepted legally, you are relieved of your obligations. For more accuracy, I shall review the agreement and consider further.
From India, Bangalore
From India, Bangalore
Dear Fellow,
Signing a document without reading through it first is the greatest mistake any inexperienced software engineer can make. Nevertheless, while you have not received any salary from the company, you cannot be forced to pay anything to them, especially when they did not provide you with any training. No law court anywhere in the world will enforce that bogus rule and regulation of that company.
Relax and think of better things to do.
From Ghana
Signing a document without reading through it first is the greatest mistake any inexperienced software engineer can make. Nevertheless, while you have not received any salary from the company, you cannot be forced to pay anything to them, especially when they did not provide you with any training. No law court anywhere in the world will enforce that bogus rule and regulation of that company.
Relax and think of better things to do.
From Ghana
Only retirement dues on account of gratuity can be settled through ALC & CA. For PF benefits, one has to lodge a complaint with the office of the concerned RPF. For non-payment of retirement dues, one can file a writ before the concerned High Court also.
From India, Delhi
From India, Delhi
Sir, I mean to say ACL means Assistant Commissioner of Labour. I told ACL is the authority who can be the mediator for this dispute. As Mr. Prakash mentioned, he should contact the labour welfare officer. I want to clarify that while the labour welfare officer can provide guidance, he is not the authorized person for disputes. Correct me if I am wrong.
From India, Hyderabad
From India, Hyderabad
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.