I am currently working with one MNC in India & I have signed a one-sided bond of two years stating that company can ask me the amount they have spent over my training as well as my every month's stipend. I am working as a 'trainee' right now & total 11 months experience here. I am billable on one project & my bond was not on any stamp paper or notary registered. Now I'm Flying with My husband to US on dependent visa (F2) as he going to continue his studies so I can't stay here but my company is threatening to inform US consulate to stop my exit from the country as well as file a case against me. They are asking more than 2.5 Lakh from me before giving me relieving & I'm not in the condition to pay such a exorbitant amount. What are the consequences in such a situation ? What should I do ? They are even not ready to accept my resignation. I have tried everything to make them understand my problem & even offered amount company have spent over me on my training. Please Help !!!
From India, Mumbai
From India, Mumbai
No one can force another to work for him or her. That would be bonded labour, which is outlawed by the Indian Constitution. No insofar can the company take you to court for not paying the exit fees, yes they can. But then such eventuality are few. If you are hauled up then you have to raise the defence that the contract was one sided, with unconscionable terms and the damages claimed are in fact penal in nature. Courts in India will not compel specific performance of contract ie force you to work, but if the damages asked are reasonable and it is proved that you had a chance to amend the contract before signing it then it may award the damages against you. Therefore the entire contract as a whole becomes important.
Thanks a lot for your reply. I am not much worried about my bond but my main problem is regarding my journey to US. They are continuously threatening me to inform US consulate about my breaking the bond & showing is as my infidelity towards company.
I don’t know whether consulate attend such reports or not. I am worried if consulate will take some wrong step against me then it’ll be a big problem to face.
From India, Mumbai
I don’t know whether consulate attend such reports or not. I am worried if consulate will take some wrong step against me then it’ll be a big problem to face.
From India, Mumbai
LET US PRESUME THAT YOU HAVE ENTERED INTO A LEGALLY VALID BOND WITH YOU EMPLOYER AND YOU DUE TO UNAVOIDABLE CIRCUMSTANCES, NOT WILLING TO CONTINUE. IN SUCH A CASE THE EMPLOYER WILL BE ENTITLED TO FILE A SUIT FOR RECOVERY OF LIQUIDATING DAMAGES ON THE GROUND THAT THEY HAVE SPENT ON YOUR TRAINING . YOU ARE WELL ADVISED TO OBTAIN THE COPY OF THE SO CALLED BOND ENTERED INTO BY YOU WITH THE COMPANY AND UNDERSTAND ITS IMPLICATIONS. NORMALLY, SUCH BONDS DO NOT SUSTAIN IN THE COURTS ON ONE POINT OR THE OTHER AND THE US CONSULATE WILL NOT LIKE TO INTERFERE IN SUCH PETTY MATTERS. I DON'T FORSEE ANY ACKWARD SITUATION FOR YOU ON THIS ACCOUNT.
DEEPAK THUKRAL
CHANDIGARH
From India, Chandigarh
3DEEPAK THUKRAL
CHANDIGARH
From India, Chandigarh
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Dispciplinary Action.doc
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