I was selected as a Junior Software Engineer at Prakash Software. The bond was for 1.5 years and 50,000 Rupees. I had a night shift duty, but it had a negative impact on my health. I requested the company management to assign me to a day duty, but my request was refused. With no other option, I decided to leave the job. Now, they are demanding 50,000 Rupees for breaking the bond. Can you please advise if this bond is enforceable in this situation? Your guidance would be appreciated.
From India, Vadodara
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1From India, Vadodara
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Hi Gaurav,
Please answer the following questions:
1) While recruiting you, did they mention that it would be a night shift? Did they mention a rotational shift?
2) Did they give you any training?
3) What tenure have you served with this organization before you tendered resignation?
4) How can you say that the bad health was due to the night shift? Is there any certificate or letter that states this?
5) What does the bond say about the service tenure? How would you be compensated by them if they terminate you during the bond period?
6) On what grounds was your plea to switch to the day shift rejected?
From India, Mumbai
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Please answer the following questions:
1) While recruiting you, did they mention that it would be a night shift? Did they mention a rotational shift?
2) Did they give you any training?
3) What tenure have you served with this organization before you tendered resignation?
4) How can you say that the bad health was due to the night shift? Is there any certificate or letter that states this?
5) What does the bond say about the service tenure? How would you be compensated by them if they terminate you during the bond period?
6) On what grounds was your plea to switch to the day shift rejected?
From India, Mumbai
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Hi, Ankita,
Thank you for answering the question.
Well, the answers to your questions are as follows:
1) They told me that it would be a night shift, but it was not mentioned in the service agreement. However, I did not know at that time that a night shift would not suit me.
2) They gave me 5 months of training, but it was as an internship. They did not pay me a single rupee for it. Based on my performance in the internship, they selected me as a Junior Software Engineer. Officially, there is no record of me as an employee for that training period. They did not provide me with any training in the official job.
3) I was chatting with a US client on Skype, and according to his directions, I had to make changes/maintenance work on his existing websites.
4) Due to the night shift, I could not get enough sleep. I became sick, along with tension, vomiting, etc. I had to take a week-long leave from the company for the same reason before quitting the job. After I recovered, I informed the company that I could not work the night shift. However, they insisted on the night shift. So, I worked the night shift for 2 more days. But as I could not bear it, I sent a resignation letter. I do not have any certificate/letter regarding it, as I consulted my brother, who is a doctor.
5) The service bond was for 1.5 years. A 3-month notice period was required. If I were terminated by them, there would not be any compensation.
6) I don't know why they rejected the day shift request. However, they said, "You have to continue with the night shift. Nobody works the night shift for a whole life."
I would also like to point out that the bond was not on stamp paper [I think as it is an indemnity bond, stamp paper is required].
Please help me as early as possible.
Thank you in advance.
From India, Vadodara
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Thank you for answering the question.
Well, the answers to your questions are as follows:
1) They told me that it would be a night shift, but it was not mentioned in the service agreement. However, I did not know at that time that a night shift would not suit me.
2) They gave me 5 months of training, but it was as an internship. They did not pay me a single rupee for it. Based on my performance in the internship, they selected me as a Junior Software Engineer. Officially, there is no record of me as an employee for that training period. They did not provide me with any training in the official job.
3) I was chatting with a US client on Skype, and according to his directions, I had to make changes/maintenance work on his existing websites.
4) Due to the night shift, I could not get enough sleep. I became sick, along with tension, vomiting, etc. I had to take a week-long leave from the company for the same reason before quitting the job. After I recovered, I informed the company that I could not work the night shift. However, they insisted on the night shift. So, I worked the night shift for 2 more days. But as I could not bear it, I sent a resignation letter. I do not have any certificate/letter regarding it, as I consulted my brother, who is a doctor.
5) The service bond was for 1.5 years. A 3-month notice period was required. If I were terminated by them, there would not be any compensation.
6) I don't know why they rejected the day shift request. However, they said, "You have to continue with the night shift. Nobody works the night shift for a whole life."
I would also like to point out that the bond was not on stamp paper [I think as it is an indemnity bond, stamp paper is required].
Please help me as early as possible.
Thank you in advance.
From India, Vadodara
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Hi, Ankita,
Thank you for answering the questions.
Well, the answers to your questions are as follows:
1) They told me it would be a night shift, but it was not mentioned in the service agreement. However, I did not know at that time that the night shift would not suit me.
2) They gave me 5 months of training, but it was as an internship. They did not pay me a single rupee for it. Based on my performance in the internship, they selected me as a Junior Software Engineer. There is no official record of me as an employee during the training period. They did not provide me with any training in the official job.
3) I was chatting with a US client on Skype, and according to his directions, I had to make changes/maintenance work on his existing websites.
4) Due to the night shift, I could not get enough sleep. I became sick, along with tension, vomiting, etc. I took a week-long leave from the company for the same reason before quitting the job. After I recovered, I informed the company that I could not work the night shift. However, they insisted on the night shift. So, I worked the night shift for 2 more days. As I could not bear it, I submitted my resignation letter. I do not have any certificate or letter regarding this, as I consulted my brother, who is a doctor himself.
5) The service bond was for 1.5 years, with a 3-month notice period required. If I am terminated by them, there would not be any compensation.
6) I don't know why they rejected the day shift request. However, they said, "you have to continue with the night shift. Nobody works the night shift for their whole life."
I would also like to point out that the bond was not on stamp paper [I think as it is an indemnity bond, stamp paper is required].
Please help me as soon as possible.
Thank you in advance.
attribution https://www.citehr.com/474652-can-we...#ixzz2j6SXhpd4
From India, Vadodara
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Thank you for answering the questions.
Well, the answers to your questions are as follows:
1) They told me it would be a night shift, but it was not mentioned in the service agreement. However, I did not know at that time that the night shift would not suit me.
2) They gave me 5 months of training, but it was as an internship. They did not pay me a single rupee for it. Based on my performance in the internship, they selected me as a Junior Software Engineer. There is no official record of me as an employee during the training period. They did not provide me with any training in the official job.
3) I was chatting with a US client on Skype, and according to his directions, I had to make changes/maintenance work on his existing websites.
4) Due to the night shift, I could not get enough sleep. I became sick, along with tension, vomiting, etc. I took a week-long leave from the company for the same reason before quitting the job. After I recovered, I informed the company that I could not work the night shift. However, they insisted on the night shift. So, I worked the night shift for 2 more days. As I could not bear it, I submitted my resignation letter. I do not have any certificate or letter regarding this, as I consulted my brother, who is a doctor himself.
5) The service bond was for 1.5 years, with a 3-month notice period required. If I am terminated by them, there would not be any compensation.
6) I don't know why they rejected the day shift request. However, they said, "you have to continue with the night shift. Nobody works the night shift for their whole life."
I would also like to point out that the bond was not on stamp paper [I think as it is an indemnity bond, stamp paper is required].
Please help me as soon as possible.
Thank you in advance.
attribution https://www.citehr.com/474652-can-we...#ixzz2j6SXhpd4
From India, Vadodara
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Hi Gaurav,
[QUOTE=gauravjindal1992@gmail.com;2100645]
2) They gave me 5 months of training, but it was as an internship. They did not pay me a single rupee for it. Based on my performance during the internship, they selected me as a Junior Software Engineer. There is no official record of me being an employee during that training period. They did not provide me with any training once I started my official job.
From this, I understand that you were first interning at the company. There was no stipend provided while you were under training/internship. Your internship was for 5 months, and after this, you were offered a permanent position with the company. Once you were offered the permanent position, you were officially not given any training.
One doubt - While interning, were you in the day shift or in the night shift? Is the role offered to you different from the work you did during your internship?
[QUOTE]
3) I was chatting with a US client on Skype, and according to his directions, I had to make changes/maintenance work on his existing websites.
I wanted to ask, how long did you work for this company? For how many months? The 5 months of internship are clear, but after you were offered the job, how many months were you in the job?
[QUOTE]
4) Due to the night shift, I could not get enough sleep. I became sick with tension, vomiting, etc. I took a week-long leave from the company for the same reason before quitting the job. After I recovered, I informed the company that I could not work in the night shift. However, they insisted on the night shift. So, I did the night shift for 2 more days. But as I could not bear it, I sent a resignation letter. I do not have any certificate/letter regarding this, as I consulted my brother, who is a doctor.
To be honest, vomiting and stress have many causes - personal and professional. We cannot deduce that your health was affected because you were working the night shift. Yet it's up to you to decide whether or not you want to work. Do you have a medical certificate that advises you not to take up the night shift? If so, what reasons have been stated in the certificate?
[QUOTE]
5) The service bond was for 1.5 years, with a 3-month notice period required. If I were terminated by them, then there would not be any compensation. I would also like to point out that the bond was not on stamp paper. I think as it is an indemnity bond, stamp paper is required.
I doubt if there's a necessity to sign a bond on stamp paper. Any contract, even verbal, if done with mutual consent, is valid. However, I will leave this to legal experts to comment on.
[QUOTE]
6) I don't know why they rejected the day shift request. However, they said, "you have to continue with the night shift. Nobody works the night shift for their whole life."
Ideally, you should raise such queries in writing - either over email or something so that you have proofs of communication, and they are also required to communicate formally over email in reply. I doubt you did that; you must have just handed over the paper. The problem is, as I mentioned, there is no solid reason that your health was affected due to their employment.
From India, Mumbai
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[QUOTE=gauravjindal1992@gmail.com;2100645]
2) They gave me 5 months of training, but it was as an internship. They did not pay me a single rupee for it. Based on my performance during the internship, they selected me as a Junior Software Engineer. There is no official record of me being an employee during that training period. They did not provide me with any training once I started my official job.
From this, I understand that you were first interning at the company. There was no stipend provided while you were under training/internship. Your internship was for 5 months, and after this, you were offered a permanent position with the company. Once you were offered the permanent position, you were officially not given any training.
One doubt - While interning, were you in the day shift or in the night shift? Is the role offered to you different from the work you did during your internship?
[QUOTE]
3) I was chatting with a US client on Skype, and according to his directions, I had to make changes/maintenance work on his existing websites.
I wanted to ask, how long did you work for this company? For how many months? The 5 months of internship are clear, but after you were offered the job, how many months were you in the job?
[QUOTE]
4) Due to the night shift, I could not get enough sleep. I became sick with tension, vomiting, etc. I took a week-long leave from the company for the same reason before quitting the job. After I recovered, I informed the company that I could not work in the night shift. However, they insisted on the night shift. So, I did the night shift for 2 more days. But as I could not bear it, I sent a resignation letter. I do not have any certificate/letter regarding this, as I consulted my brother, who is a doctor.
To be honest, vomiting and stress have many causes - personal and professional. We cannot deduce that your health was affected because you were working the night shift. Yet it's up to you to decide whether or not you want to work. Do you have a medical certificate that advises you not to take up the night shift? If so, what reasons have been stated in the certificate?
[QUOTE]
5) The service bond was for 1.5 years, with a 3-month notice period required. If I were terminated by them, then there would not be any compensation. I would also like to point out that the bond was not on stamp paper. I think as it is an indemnity bond, stamp paper is required.
I doubt if there's a necessity to sign a bond on stamp paper. Any contract, even verbal, if done with mutual consent, is valid. However, I will leave this to legal experts to comment on.
[QUOTE]
6) I don't know why they rejected the day shift request. However, they said, "you have to continue with the night shift. Nobody works the night shift for their whole life."
Ideally, you should raise such queries in writing - either over email or something so that you have proofs of communication, and they are also required to communicate formally over email in reply. I doubt you did that; you must have just handed over the paper. The problem is, as I mentioned, there is no solid reason that your health was affected due to their employment.
From India, Mumbai
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One doubt - While interning were you on the day shift or the night shift? Is the role offered to you different from the work you did during your internship?
The internship was during the day shift. I worked with different technology during regular employment than I did during the internship.
I meant to ask, how long did you work for this company? How many months? The 5-month internship is completed. After being offered the job, how many months were you in the position?
Well, I worked for 1 month and 7 days. I joined on 3rd June and submitted my resignation letter on 10th July. However, they did not pay my salary up to that time.
To be honest, vomiting and stress have many causes - personal and professional. We can't deduce that your health was affected because you were working night shifts. Yet, it's up to you to decide whether or not you want to work in that capacity. Do you have a medical certificate that advises you not to take up night shifts? If so, what reasons have been stated in the certificate?
I don't have a certificate, but I can obtain one. One point I want to make: In the company, salaries are generally paid on the 12th or 13th day of every month. I was not able to continue the job; otherwise, I would have waited for two more days to receive my salary. However, I resigned two days before the salary date.
From India, Vadodara
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The internship was during the day shift. I worked with different technology during regular employment than I did during the internship.
I meant to ask, how long did you work for this company? How many months? The 5-month internship is completed. After being offered the job, how many months were you in the position?
Well, I worked for 1 month and 7 days. I joined on 3rd June and submitted my resignation letter on 10th July. However, they did not pay my salary up to that time.
To be honest, vomiting and stress have many causes - personal and professional. We can't deduce that your health was affected because you were working night shifts. Yet, it's up to you to decide whether or not you want to work in that capacity. Do you have a medical certificate that advises you not to take up night shifts? If so, what reasons have been stated in the certificate?
I don't have a certificate, but I can obtain one. One point I want to make: In the company, salaries are generally paid on the 12th or 13th day of every month. I was not able to continue the job; otherwise, I would have waited for two more days to receive my salary. However, I resigned two days before the salary date.
From India, Vadodara
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Hello,
If you had signed a bond, you must conform to the provisions.
Even assuming your health were genuine (and I have no reasons to doubt or dispute), were the intensity such that you would never be able to work a night shift? If so, the specialist medical practitioners would have certified so, and there also would be various medical/pathological tests carried out that support a medical opinion that night shift working is a health hazard! Did you negotiate with your employers on this basis before resigning/breaking the bond? Was a pre-employment medical examination carried out by the employer to ascertain your physical fitness for this employment? All good employers do that!
Further, were you employed by a "software company" or "back office" or a "call center"? In any case, was your employer covered by the Shops and Commercial Establishment Act of your region? As a default, no shop or a commercial establishment is allowed to work night shift UNLESS it has obtained exemption under the act as regards "working hours." It is a good point to check this out.
Having spent considerable time, I can speak from personal experience that a lot of youngsters/new entrants find it very difficult to work in night shifts, which is against the biorhythm that one is used to all his life. I also know it affects their nightlife and socializing. But I also know that over a period of time, humans do get used to a different biorhythm. My simple question is, are you sure that you did not give up too soon? I am not questioning your preferences for a lifestyle, but sometimes we do tend to give up a wee bit too soon!
In view of this discussion, fighting with your employer may - just may be our creation! See if you can reason out with your employer and make some kind of a deal! Litigation is going to cost you no small sum. Paying the bond value is also a substantial cost, and finding a golden mean seems to be the best way out! BUT, if the facts favor you, despite the cold print of the bond, then one can and should put up a fight disregarding the costs involved.
Can you convince us or a good local lawyer of your case that would justify breaking of the bond?
Think about it!
Regards,
Samvedan
October 29, 2013
From India, Pune
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If you had signed a bond, you must conform to the provisions.
Even assuming your health were genuine (and I have no reasons to doubt or dispute), were the intensity such that you would never be able to work a night shift? If so, the specialist medical practitioners would have certified so, and there also would be various medical/pathological tests carried out that support a medical opinion that night shift working is a health hazard! Did you negotiate with your employers on this basis before resigning/breaking the bond? Was a pre-employment medical examination carried out by the employer to ascertain your physical fitness for this employment? All good employers do that!
Further, were you employed by a "software company" or "back office" or a "call center"? In any case, was your employer covered by the Shops and Commercial Establishment Act of your region? As a default, no shop or a commercial establishment is allowed to work night shift UNLESS it has obtained exemption under the act as regards "working hours." It is a good point to check this out.
Having spent considerable time, I can speak from personal experience that a lot of youngsters/new entrants find it very difficult to work in night shifts, which is against the biorhythm that one is used to all his life. I also know it affects their nightlife and socializing. But I also know that over a period of time, humans do get used to a different biorhythm. My simple question is, are you sure that you did not give up too soon? I am not questioning your preferences for a lifestyle, but sometimes we do tend to give up a wee bit too soon!
In view of this discussion, fighting with your employer may - just may be our creation! See if you can reason out with your employer and make some kind of a deal! Litigation is going to cost you no small sum. Paying the bond value is also a substantial cost, and finding a golden mean seems to be the best way out! BUT, if the facts favor you, despite the cold print of the bond, then one can and should put up a fight disregarding the costs involved.
Can you convince us or a good local lawyer of your case that would justify breaking of the bond?
Think about it!
Regards,
Samvedan
October 29, 2013
From India, Pune
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Dear Samvedan,
I appreciate the points you have made. However, let me clarify something.
1. I consulted a well-qualified MD doctor, who advised me to discontinue working night shifts and switch to day shifts. I did not obtain a certificate, but I believe I should do so now.
2. Everyone has the right to live a healthy life. If I had continued working night shifts, the only person suffering would have been me. I requested a shift change to the company management, but they refused. This led me to experience depression, and the company did not seem to care about my well-being. Therefore, I believe quitting now is better than enduring further suffering.
3. It was a software company, and no pre-employment medical fitness test was conducted.
4. After discussing my issues with the company, I worked two more night shifts. However, I felt extremely depressed, so I met with HR and my boss to inform them of my decision to resign. Despite my concerns, they insisted on keeping me on the night shift, which ultimately led to my decision to quit.
Regards,
[Your Name]
From India, Vadodara
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I appreciate the points you have made. However, let me clarify something.
1. I consulted a well-qualified MD doctor, who advised me to discontinue working night shifts and switch to day shifts. I did not obtain a certificate, but I believe I should do so now.
2. Everyone has the right to live a healthy life. If I had continued working night shifts, the only person suffering would have been me. I requested a shift change to the company management, but they refused. This led me to experience depression, and the company did not seem to care about my well-being. Therefore, I believe quitting now is better than enduring further suffering.
3. It was a software company, and no pre-employment medical fitness test was conducted.
4. After discussing my issues with the company, I worked two more night shifts. However, I felt extremely depressed, so I met with HR and my boss to inform them of my decision to resign. Despite my concerns, they insisted on keeping me on the night shift, which ultimately led to my decision to quit.
Regards,
[Your Name]
From India, Vadodara
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