THAT'S THE SPIRIT divya_gopakumar.
Just keep up this attitude....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 into the other directions to find them.
I remember a Quote by Alexander Graham Bell [the inventor of telephone] here.......one that has stood by me in the most trying circumstances in life, some of them 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.
Rgds,
TS
From India, Hyderabad
1637Just keep up this attitude....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 into the other directions to find them.
I remember a Quote by Alexander Graham Bell [the inventor of telephone] here.......one that has stood by me in the most trying circumstances in life, some of them 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.
Rgds,
TS
From India, Hyderabad
In India employment bonds are nothing but private agreement between two parties which are governed by Indian Contract Act. There is nothing called Employment Bond Act etc.
Such bonds are applicable only if the company has spent money on the personal grooving and enhancement of the employees, but not just a training that helps employees perform better.
As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided.
Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices.
In India Bond is illegal w.r.t employment since as per the Indian Statute, bonded labor system was long abolished and no bond can force any person to work against the employees wishes.
As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.
Sec 368 of Indian Penal Code talks about extortion by the threatening to file a legal suit. The minimum punishment under this act is 2 two years.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer and that the employer can not hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same.
From India, Pune
Such bonds are applicable only if the company has spent money on the personal grooving and enhancement of the employees, but not just a training that helps employees perform better.
As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided.
Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices.
In India Bond is illegal w.r.t employment since as per the Indian Statute, bonded labor system was long abolished and no bond can force any person to work against the employees wishes.
As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.
Sec 368 of Indian Penal Code talks about extortion by the threatening to file a legal suit. The minimum punishment under this act is 2 two years.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer and that the employer can not hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same.
From India, Pune
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, it is fine, if not, then you have nothing to lose.
Hopefully this suggestion will be of help.
Regards
Ishita Kotak
From India, Ahmadabad
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, it is fine, if not, then you have nothing to lose.
Hopefully this suggestion will be of help.
Regards
Ishita Kotak
From India, Ahmadabad
Dear Divya,
If you got bond and Certificates from you that is company doing illegal.So dont worry. As per your date of joining company has committed to you 6 months once increment. You will doing the following steps in proper way.
1) You meet with PM and HR for what reason not get imcrement? If performance problem, you will improve that with in month again ask to increment through mail. (Please take one copy (prt out or send to your personal mail) ). If get increment for your level satisfied, you will continue your job.
2) Company is not giving increment, Please submit resignation letter, please mention notice period. Please take one prt out or send to personal mail.
3) Once completed your notice period, again forward that mail to mgmt for your resignation letter and complete notice period and duties and resp. completed.
4) Directly ask to mgmt to your certificates. If not giving, Please dont go to job. After one week please send register letter to mgmt for your resignation and ask certificates. Please take one copy for your ref purpose.
5) Still now not get it certificates, please go to police station and complaint to company. Within 1 day police get certificates and return to you.
Dont worry. Bond is not valid. Company is doing Illegal from employees to get certificates.
Please, Fear is first enemy of growth.
by
Shen
From India, Bangalore
If you got bond and Certificates from you that is company doing illegal.So dont worry. As per your date of joining company has committed to you 6 months once increment. You will doing the following steps in proper way.
1) You meet with PM and HR for what reason not get imcrement? If performance problem, you will improve that with in month again ask to increment through mail. (Please take one copy (prt out or send to your personal mail) ). If get increment for your level satisfied, you will continue your job.
2) Company is not giving increment, Please submit resignation letter, please mention notice period. Please take one prt out or send to personal mail.
3) Once completed your notice period, again forward that mail to mgmt for your resignation letter and complete notice period and duties and resp. completed.
4) Directly ask to mgmt to your certificates. If not giving, Please dont go to job. After one week please send register letter to mgmt for your resignation and ask certificates. Please take one copy for your ref purpose.
5) Still now not get it certificates, please go to police station and complaint to company. Within 1 day police get certificates and return to you.
Dont worry. Bond is not valid. Company is doing Illegal from employees to get certificates.
Please, Fear is first enemy of growth.
by
Shen
From India, Bangalore
Dear Divya,
Another way to get certificates.
Company is doing illegal to get certifictes from you. Son dont worry.
Simply dont go to job. Get one medical certificates from doctor and send to mgmt with resignation letter. After 15 days you ask your certificates to mgmt. If not give it,
Update to HR that will go to police station and complaint to mgmt
within week they will give your certificates.
with love
shen
From India, Bangalore
Another way to get certificates.
Company is doing illegal to get certifictes from you. Son dont worry.
Simply dont go to job. Get one medical certificates from doctor and send to mgmt with resignation letter. After 15 days you ask your certificates to mgmt. If not give it,
Update to HR that will go to police station and complaint to mgmt
within week they will give your certificates.
with love
shen
From India, Bangalore
Hello Kamal Prasoon Sinha & Shen,
I think both of you are missing the MAIN point here--it's to solve Divya's financial problem & NOT whether Employee Bonds or taking Certificates are legal or illegal, which is only consequential & 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 & who spends the time & effort for whatever time the case drags [remember in India, this can stretch to years]?
3] With just about 6 months exp--of which how much can be called 'actual exp' & 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 thru, she & 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 & WITH HIGHER SALARY, with the mental tension of this issue [whether thru 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 90 K 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 THRU IT AT ALL, if & when she can find other options to solve her ACTUAL problem?
I suggest you think/look @ 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.
Rgds,
TS
From India, Hyderabad
I think both of you are missing the MAIN point here--it's to solve Divya's financial problem & NOT whether Employee Bonds or taking Certificates are legal or illegal, which is only consequential & 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 & who spends the time & effort for whatever time the case drags [remember in India, this can stretch to years]?
3] With just about 6 months exp--of which how much can be called 'actual exp' & 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 thru, she & 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 & WITH HIGHER SALARY, with the mental tension of this issue [whether thru 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 90 K 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 THRU IT AT ALL, if & when she can find other options to solve her ACTUAL problem?
I suggest you think/look @ 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.
Rgds,
TS
From India, Hyderabad
Hi
Legally, if they have committed to salary hike (in writing), then their failure to honour it negates and invalidates the bond. If you don't have that I. Writing, then you are out of luck.
In Any case, since they have your original certificates, you are stuck here. Getting it back by action of court is too time consuming and expensive. The other option is tom get fresh copies of all your certificates. Again very tedious process.
I do not know why you accepted a bond where you were required tomgive over original certificates. That is a bad idea. It allows them to hold you to ransom to their whims and fancy
From India, Mumbai
Legally, if they have committed to salary hike (in writing), then their failure to honour it negates and invalidates the bond. If you don't have that I. Writing, then you are out of luck.
In Any case, since they have your original certificates, you are stuck here. Getting it back by action of court is too time consuming and expensive. The other option is tom get fresh copies of all your certificates. Again very tedious process.
I do not know why you accepted a bond where you were required tomgive over original certificates. That is a bad idea. It allows them to hold you to ransom to their whims and fancy
From India, Mumbai
Dear Divya
As rightly suggested by Tajsatheesh, there are several solutions for every problem. And you as a fresher in the industry has a long way to go. For cetain things in life its only THE TIME which can find a solution. So please be patient and work with dedication, surely things will work good for you.
Do not take decession because some is suggesting it, REMEMBER U SHOULD BE THE FINAL DECESSION MAKER BECAUSE IT IS U WHO HAVE TO FACE THE CONSEQUENCES LATER.
U also said that in other aspects u are very HAPPY with U'r Job. Thats important here. Good luck.
From India, Hyderabad
As rightly suggested by Tajsatheesh, there are several solutions for every problem. And you as a fresher in the industry has a long way to go. For cetain things in life its only THE TIME which can find a solution. So please be patient and work with dedication, surely things will work good for you.
Do not take decession because some is suggesting it, REMEMBER U SHOULD BE THE FINAL DECESSION MAKER BECAUSE IT IS U WHO HAVE TO FACE THE CONSEQUENCES LATER.
U also said that in other aspects u are very HAPPY with U'r Job. Thats important here. Good luck.
From India, Hyderabad
Hi Divya
Can you please confirm in which domain you are working. Also your current job Location. We have requirement for software developers in our organisation may be i could be of some help.
Regards
Sakshi Gupta
From India, Meerut
Can you please confirm in which domain you are working. Also your current job Location. We have requirement for software developers in our organisation may be i could be of some help.
Regards
Sakshi Gupta
From India, Meerut
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