Hi Anitha,
Every company has the right to receive compensation if the agreement/bond is violated or terminated for any reason by the employee.
The reason I say this is because the company makes a lot of investments in recruitment, consultancy charges, training, advertisement, etc., plus time spent on the employee. Now, imagine if one day the employee decides to resign; consider the amount of loss incurred from the company's perspective.
That's the main reason why companies sign bonds with their employees.
Regarding your case, if the company has not provided any training or made any specific investments in you, then you can make the final decision to either stay or leave (without paying any compensation).
What Mr. Sateesh suggested earlier was right in saying that just receiving calls is not sufficient for you to consider changing jobs or terminating the contract. Get an offer letter in your hand first, then think about the next step.
By that time, you might discover more solutions.
Finally, one simple solution to your problem, which actually worked in favor of my friend a few months ago when he was in a similar situation like yours, is to ask for it!
Regards,
Manoj Devda
Every company has the right to receive compensation if the agreement/bond is violated or terminated for any reason by the employee.
The reason I say this is because the company makes a lot of investments in recruitment, consultancy charges, training, advertisement, etc., plus time spent on the employee. Now, imagine if one day the employee decides to resign; consider the amount of loss incurred from the company's perspective.
That's the main reason why companies sign bonds with their employees.
Regarding your case, if the company has not provided any training or made any specific investments in you, then you can make the final decision to either stay or leave (without paying any compensation).
What Mr. Sateesh suggested earlier was right in saying that just receiving calls is not sufficient for you to consider changing jobs or terminating the contract. Get an offer letter in your hand first, then think about the next step.
By that time, you might discover more solutions.
Finally, one simple solution to your problem, which actually worked in favor of my friend a few months ago when he was in a similar situation like yours, is to ask for it!
Regards,
Manoj Devda
Dear tajsateesh,
I knew all that it's open source and I had signed up for the understanding that there may be training on new technology, which is paid and may be third-party training. However, that aspect has not come into the picture yet. It's not only a matter of salary. Mentally, I am not feeling inclined to work here anymore because the environment and circumstances have changed. Your response has increased my worry. I can empathize with the company's situation as well. However, I would like to mention that I have performed well in my role and given my best effort, exceeding what was expected of me.
If the company can terminate our service before the bond period, then why can't I? I thought my question would be beneficial for others as well, so I posted it on the forum. I respect your thoughts and value your time. Please try to understand the perspective of a middle-class worker. The company is not a victim here; they are benefiting from my work. If they can dismiss us at any time to find better candidates, then why can't I do the same? I am not deceiving them in any way. Please forgive me if I have said anything that may be irrelevant here. I seek your help and suggestions.
Thank you.
From India, Bangalore
I knew all that it's open source and I had signed up for the understanding that there may be training on new technology, which is paid and may be third-party training. However, that aspect has not come into the picture yet. It's not only a matter of salary. Mentally, I am not feeling inclined to work here anymore because the environment and circumstances have changed. Your response has increased my worry. I can empathize with the company's situation as well. However, I would like to mention that I have performed well in my role and given my best effort, exceeding what was expected of me.
If the company can terminate our service before the bond period, then why can't I? I thought my question would be beneficial for others as well, so I posted it on the forum. I respect your thoughts and value your time. Please try to understand the perspective of a middle-class worker. The company is not a victim here; they are benefiting from my work. If they can dismiss us at any time to find better candidates, then why can't I do the same? I am not deceiving them in any way. Please forgive me if I have said anything that may be irrelevant here. I seek your help and suggestions.
Thank you.
From India, Bangalore
Hello Anithamb,
At the outset, please understand that you don't need to be apologetic by saying, "Please forgive me if I have said anything that may be irrelevant here." You are only presenting the facts of the case and your perspective.
Regarding the facts of the case, you have now added another aspect: "It's not only the salary matter. Mentally, I'm not feeling to work here because the environment and things around have changed." Is there any reason why you didn't mention this aspect earlier (even though I had suspected something like this or a conflict with the boss as the reason for your query)?
As I have always said in my responses to other similar threads, it's your life, career, and so the final decision has to be yours. All the members in this forum, or your friends, or relatives can only provide you with different perspectives on the issue/problem so that you can make a well-informed decision. What to consider or what to ignore is and has to be your decision.
A small reality check: are you so sure that the 'mental dissatisfaction' you are experiencing now won't recur in your new company, wherever you move to? I won't say it will, but I can't say it won't either.
As I mentioned in my first response, I think you are still mixing up the issues/priorities. If you want to change just because you want to run away from the present problem, then this would be a wrong step. Try to change/resolve it. Think of ways on how to do this rather than just jumping out of the boat. Please be assured that the next job would not 'could' have another set of problems if that's how one wants to look at it. So, 'where-to' from there? To resolve this aspect, you need to make an effort to understand the reasons for your current mental dissatisfaction, and don't discount your contribution too.
I suggest you begin to look at the larger picture when you make any decision. That way, the chances of making mistakes that you can't correct would be minimized. Why make a mistake and then try to resolve it?
All the best.
Regards,
TS
From India, Hyderabad
At the outset, please understand that you don't need to be apologetic by saying, "Please forgive me if I have said anything that may be irrelevant here." You are only presenting the facts of the case and your perspective.
Regarding the facts of the case, you have now added another aspect: "It's not only the salary matter. Mentally, I'm not feeling to work here because the environment and things around have changed." Is there any reason why you didn't mention this aspect earlier (even though I had suspected something like this or a conflict with the boss as the reason for your query)?
As I have always said in my responses to other similar threads, it's your life, career, and so the final decision has to be yours. All the members in this forum, or your friends, or relatives can only provide you with different perspectives on the issue/problem so that you can make a well-informed decision. What to consider or what to ignore is and has to be your decision.
A small reality check: are you so sure that the 'mental dissatisfaction' you are experiencing now won't recur in your new company, wherever you move to? I won't say it will, but I can't say it won't either.
As I mentioned in my first response, I think you are still mixing up the issues/priorities. If you want to change just because you want to run away from the present problem, then this would be a wrong step. Try to change/resolve it. Think of ways on how to do this rather than just jumping out of the boat. Please be assured that the next job would not 'could' have another set of problems if that's how one wants to look at it. So, 'where-to' from there? To resolve this aspect, you need to make an effort to understand the reasons for your current mental dissatisfaction, and don't discount your contribution too.
I suggest you begin to look at the larger picture when you make any decision. That way, the chances of making mistakes that you can't correct would be minimized. Why make a mistake and then try to resolve it?
All the best.
Regards,
TS
From India, Hyderabad
Hi Anitha,
You are welcome. I have sent it to your mail id. By the way, your mail id is very interesting.
Also, there are other instructions to be followed in order to break the contract like:
1. Analyze your situation. If you were pressured or rushed into signing the contract of employment, you may have valid reasons to back out. Employers must give new employees a reasonable amount of time, at least 21 days, to consider the terms of the agreement and even seek legal advice if necessary, according to the Age Discrimination in Employment Act (ADEA).
2. Break the contract within seven days after signing it. That's because the ADEA requires that employers allow new employees seven days after signing an agreement to cancel it if the person so desires.
3. Consider the contract invalid if either party fails to meet the contract's obligations.
4. Reach a mutual agreement to cancel the agreement. If you can convince the other party to void the contract, both parties can walk away without legal repercussions.
5. Prove that the contract was executed under false representation. Fraud is another valid reason to break an employment contract.
6. Only adults of legal age can enter into a contract. If either party is under age, the contract is not binding. Legal age varies depending on your state.
7. Consult with a legal advisor to see if there are any other stipulations in the contract or state laws that would allow you to break it. Employment contract laws in each state differ, and they each may contain specific ways to get out of your contract legally.
8. Ask the employer if both parties can agree to void the contract. The contract is not in effect if no one wants to be a part of it any longer.
9. Produce proof that you were forced or intimidated to sign the contract or that you were incapacitated when you signed the contract. Contracts are not binding if you signed them under duress or could not rationally make the decision to sign it.
Regards,
Manoj Devda
You are welcome. I have sent it to your mail id. By the way, your mail id is very interesting.
Also, there are other instructions to be followed in order to break the contract like:
1. Analyze your situation. If you were pressured or rushed into signing the contract of employment, you may have valid reasons to back out. Employers must give new employees a reasonable amount of time, at least 21 days, to consider the terms of the agreement and even seek legal advice if necessary, according to the Age Discrimination in Employment Act (ADEA).
2. Break the contract within seven days after signing it. That's because the ADEA requires that employers allow new employees seven days after signing an agreement to cancel it if the person so desires.
3. Consider the contract invalid if either party fails to meet the contract's obligations.
4. Reach a mutual agreement to cancel the agreement. If you can convince the other party to void the contract, both parties can walk away without legal repercussions.
5. Prove that the contract was executed under false representation. Fraud is another valid reason to break an employment contract.
6. Only adults of legal age can enter into a contract. If either party is under age, the contract is not binding. Legal age varies depending on your state.
7. Consult with a legal advisor to see if there are any other stipulations in the contract or state laws that would allow you to break it. Employment contract laws in each state differ, and they each may contain specific ways to get out of your contract legally.
8. Ask the employer if both parties can agree to void the contract. The contract is not in effect if no one wants to be a part of it any longer.
9. Produce proof that you were forced or intimidated to sign the contract or that you were incapacitated when you signed the contract. Contracts are not binding if you signed them under duress or could not rationally make the decision to sign it.
Regards,
Manoj Devda
Hi Sateesh, Great job..............Your points are very straight forward and difficult to accept. But that’s the final truth. Keep the good work.
Dear mani_pooja and tajsateesh,
Once again, thanks to both of you. I hope this information will be helpful for others who may be facing a similar dilemma. Things have become clear to me. I have made a firm decision to resign in 2 months, citing family reasons. I am unable to continue working in the city and would like to return to my native place. I will request my employer for a two months' notice period and kindly ask them to terminate my employment after that. I will then assess the situation. If any issues arise before then, I will seek assistance from legal experts and this forum.
Once again, thank you to everyone.
Best regards,
[Your Name]
From India, Bangalore
Once again, thanks to both of you. I hope this information will be helpful for others who may be facing a similar dilemma. Things have become clear to me. I have made a firm decision to resign in 2 months, citing family reasons. I am unable to continue working in the city and would like to return to my native place. I will request my employer for a two months' notice period and kindly ask them to terminate my employment after that. I will then assess the situation. If any issues arise before then, I will seek assistance from legal experts and this forum.
Once again, thank you to everyone.
Best regards,
[Your Name]
From India, Bangalore
Well said Manoj Devda -- That's a good move, at least for the moment. And Anithamb, just keep your options open for now. Who knows how things may turn? I recollect a movie dialogue: anything can happen in 6 months [in your case, 2 months]... your boss may realize his faults and make corrections in the system, you may be given an out-of-turn hike, etc... But also keep your efforts at FULL pace in your work. All the best.
Regards,
TS
From India, Hyderabad
Regards,
TS
From India, Hyderabad
Just one last thing, anithamb, before you get onto your work and wait till 2 months :-)
Did you ever wonder WHY most of the seniors in this Forum INVARIABLY and ALWAYS suggest that the individual concerned HAS TO TAKE THE FINAL CALL/DECISION and their suggestions have to be treated ONLY as inputs/advice? It's just that it's YOU who has to face the consequences of YOUR ACTIONS/DECISIONS/CHOICES--NOT the members or your friends or EVEN your family members or relatives. Everyone may support or give their shoulders for you to LEAN ON [or cry upon--depending on the context], but at the End-of-the-Day, it's YOU who has to face the music...so to say--NO ONE ELSE. Whether it's career or life.
Regards,
TS
From India, Hyderabad
Did you ever wonder WHY most of the seniors in this Forum INVARIABLY and ALWAYS suggest that the individual concerned HAS TO TAKE THE FINAL CALL/DECISION and their suggestions have to be treated ONLY as inputs/advice? It's just that it's YOU who has to face the consequences of YOUR ACTIONS/DECISIONS/CHOICES--NOT the members or your friends or EVEN your family members or relatives. Everyone may support or give their shoulders for you to LEAN ON [or cry upon--depending on the context], but at the End-of-the-Day, it's YOU who has to face the music...so to say--NO ONE ELSE. Whether it's career or life.
Regards,
TS
From India, Hyderabad
Hi Sateesh,
What you said is absolutely right. But the timing was completely wrong. As members of this forum, we should encourage them (like in the Anitha case) to take decisions and not make them afraid or make them think twice or thrice about what they think.
Thanks for understanding.
What you said is absolutely right. But the timing was completely wrong. As members of this forum, we should encourage them (like in the Anitha case) to take decisions and not make them afraid or make them think twice or thrice about what they think.
Thanks for understanding.
In a way, you are right, Manoj Devda.
However, the intention wasn't to frighten, and neither was it to ensure that she thinks twice before taking a decision.
The main purpose of my last posting was this: I have seen quite a few persons consider only the positive aspects, conclusions, or results of a decision during their decision-making process. They fail to even give a thought or factor in the possibility that what they think will or should happen, or the result they want to take place, may not happen at all. Whether we like it or not, that's life... however well we plan things out, there's always a possibility of things not turning out the way we wanted, expected, or hoped for.
In a way, I think it applies to everyone at some point in time or the other, including me.
Consequently, when the end result turns out to be different, the other person(s), circumstances, or anyone/anything gets blamed... except himself/herself.
Now just apply this to the thread under discussion, and you can grasp why I said what I said.
I just wanted Anithamb not to repeat in the future what she did in the past... of which she's facing the consequences now. Maybe that's what they call—learning from mistakes and converting the mistake into experience.
Regards,
TS
From India, Hyderabad
However, the intention wasn't to frighten, and neither was it to ensure that she thinks twice before taking a decision.
The main purpose of my last posting was this: I have seen quite a few persons consider only the positive aspects, conclusions, or results of a decision during their decision-making process. They fail to even give a thought or factor in the possibility that what they think will or should happen, or the result they want to take place, may not happen at all. Whether we like it or not, that's life... however well we plan things out, there's always a possibility of things not turning out the way we wanted, expected, or hoped for.
In a way, I think it applies to everyone at some point in time or the other, including me.
Consequently, when the end result turns out to be different, the other person(s), circumstances, or anyone/anything gets blamed... except himself/herself.
Now just apply this to the thread under discussion, and you can grasp why I said what I said.
I just wanted Anithamb not to repeat in the future what she did in the past... of which she's facing the consequences now. Maybe that's what they call—learning from mistakes and converting the mistake into experience.
Regards,
TS
From India, Hyderabad
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