I have gone through the scanned files.
You will need to take the help of a lawyer who knows Pakistani laws on what is the actual method to be followed.
Assuming Pakistan laws are similar to India since we both adopted British jurisprudence, the following points are important:
- Rs. 5.5 million is high. The actual training cost cannot be that much.
- The period of 2 years training and 3 years work after that is too long.
- If the company failed to provide proper training and delayed the same for whatever reason, the bond will get invalidated. You should be able to give notice of termination.
- The agreement can also be invalidated as being given without the application of a free mind on account of undue influence and false promises (of training and work experience).
Generally, labor courts will not allow a company to bind an employee to doing work under circumstances that affect the career and future earning potential of the employee. These principles of jurisprudence are the basics of labor protection law as the employee is always working to enhance their future earnings, and the employee rarely has bargaining power.
You need to find another job quickly. Thereafter, give notice of termination of the bond and resignation. But have a lawyer prepare a strong termination notice. If you have given a check to them, ask the bank to cancel that check (stop payment order).
From India, Mumbai
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2493You will need to take the help of a lawyer who knows Pakistani laws on what is the actual method to be followed.
Assuming Pakistan laws are similar to India since we both adopted British jurisprudence, the following points are important:
- Rs. 5.5 million is high. The actual training cost cannot be that much.
- The period of 2 years training and 3 years work after that is too long.
- If the company failed to provide proper training and delayed the same for whatever reason, the bond will get invalidated. You should be able to give notice of termination.
- The agreement can also be invalidated as being given without the application of a free mind on account of undue influence and false promises (of training and work experience).
Generally, labor courts will not allow a company to bind an employee to doing work under circumstances that affect the career and future earning potential of the employee. These principles of jurisprudence are the basics of labor protection law as the employee is always working to enhance their future earnings, and the employee rarely has bargaining power.
You need to find another job quickly. Thereafter, give notice of termination of the bond and resignation. But have a lawyer prepare a strong termination notice. If you have given a check to them, ask the bank to cancel that check (stop payment order).
From India, Mumbai
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After going through the indemnity bond and considering that the Contract Act is similar to what we have here in India, there are judgments passed by our Supreme Court stating that a one-sided unreasonable contract or bond like this is not sustainable and is in violation of the Contract Act. The bond would be illegal under Indian laws. The bonded duration of work and the liquidated damages are excessive. On the other hand, the company cannot simply recover the money from you just because it is accepted under the bond; the company needs to justify how and why it is entitled to the said amount before the court.
Furthermore, the contract or bond is completely one-sided, ambiguous, and lacks reciprocal clauses towards specific performance of the contract. You will need to research such judgments. I am sure there are many similar cases, and then make an informed decision after consulting a lawyer at your location.
From India, Chennai
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Furthermore, the contract or bond is completely one-sided, ambiguous, and lacks reciprocal clauses towards specific performance of the contract. You will need to research such judgments. I am sure there are many similar cases, and then make an informed decision after consulting a lawyer at your location.
From India, Chennai
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Dear All,
I fully agree with the opinion given by the Employment Lawyer. In fact, I have held this view earlier as reflected in my earlier post. Such one-sided agreements (bonds), with no quid-pro-quo, are purely intimidatory in nature and would not find favor in any court of justice. Moreover, in these days of "hire and fire," as conscientious HR professionals, we should discourage such bonds that are exploitative in nature.
Warm regards.
From India, Delhi
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I fully agree with the opinion given by the Employment Lawyer. In fact, I have held this view earlier as reflected in my earlier post. Such one-sided agreements (bonds), with no quid-pro-quo, are purely intimidatory in nature and would not find favor in any court of justice. Moreover, in these days of "hire and fire," as conscientious HR professionals, we should discourage such bonds that are exploitative in nature.
Warm regards.
From India, Delhi
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Thank you so much for your valuable comments. Let me try to explain the complete story of my agreement and work thereafter with this company.
We had been told that we needed to work for the company for a period of three years after receiving training, which we hadn't initially been concerned about as they promised us that the training would provide great development and full international exposure. They assured us that we would be continuously working on different projects that would benefit both the company and us. At the time of signing this agreement, we raised concerns about the excessive amount mentioned in the contract and the clause stating "company reserves the right to terminate training, and any losses incurred in this case must be compensated by us." However, the company assured us that this was just a formality required for approval from higher management.
After nine months (which was essentially idle time) of signing the agreement, we were sent for training, the cost of which, as they informed us, was around 21,000 euros. Four months after this training, I was appointed to a different role as "HSE Manager," despite my lack of experience in this field. This assignment was not part of my initial agreement or job description. They could have hired an expatriate for this role but chose me to save on costs. Despite my lack of experience, I diligently worked and successfully completed the task. Five months after completing the HSE Manager role, we were sent to a project that lasted only two weeks. Now, after six months have passed, we are once again idle, waiting for a new project to come along.
The issue lies in the time spent being idle between training and projects, which has significantly hindered my potential development that I could have achieved even in an average opportunity. To worsen matters, when I expressed this concern to my manager, he dismissed it as being overly demanding and unreasonable. He has even become increasingly pressuring and egotistical.
I now have a new opportunity that I am eager to pursue, and I am concerned about the implications of my current agreement.
Thank you again for your comments. I have provided the above situation to give you a better understanding for your advice.
From Pakistan, Karachi
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We had been told that we needed to work for the company for a period of three years after receiving training, which we hadn't initially been concerned about as they promised us that the training would provide great development and full international exposure. They assured us that we would be continuously working on different projects that would benefit both the company and us. At the time of signing this agreement, we raised concerns about the excessive amount mentioned in the contract and the clause stating "company reserves the right to terminate training, and any losses incurred in this case must be compensated by us." However, the company assured us that this was just a formality required for approval from higher management.
After nine months (which was essentially idle time) of signing the agreement, we were sent for training, the cost of which, as they informed us, was around 21,000 euros. Four months after this training, I was appointed to a different role as "HSE Manager," despite my lack of experience in this field. This assignment was not part of my initial agreement or job description. They could have hired an expatriate for this role but chose me to save on costs. Despite my lack of experience, I diligently worked and successfully completed the task. Five months after completing the HSE Manager role, we were sent to a project that lasted only two weeks. Now, after six months have passed, we are once again idle, waiting for a new project to come along.
The issue lies in the time spent being idle between training and projects, which has significantly hindered my potential development that I could have achieved even in an average opportunity. To worsen matters, when I expressed this concern to my manager, he dismissed it as being overly demanding and unreasonable. He has even become increasingly pressuring and egotistical.
I now have a new opportunity that I am eager to pursue, and I am concerned about the implications of my current agreement.
Thank you again for your comments. I have provided the above situation to give you a better understanding for your advice.
From Pakistan, Karachi
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I think my comments still hold true after your clarification. I would suggest you also make the matter clear to your prospective employer and take his consent. It should not be that you are terminated later on account of having suppressed details of this incident.
I think you can safely break the bond. Have the bank put a stop payment on your cheque given to the company. Give a legal notice to the company. Speak to a lawyer first as this could get ugly.
From India, Mumbai
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I think you can safely break the bond. Have the bank put a stop payment on your cheque given to the company. Give a legal notice to the company. Speak to a lawyer first as this could get ugly.
From India, Mumbai
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I haven't heard about any training that costs Pakistan Rupees 55,00,000 or 5,500,000 covered in 2 years. I don't think the company might have hired you alone for this kind of training. Let me know if anyone else is getting trained along with you.
The point to be noted is that, as per your bond, training is scheduled for 2 years or less, but it has crossed its scheduled duration. By the end of the two years post-training, you were supposed to be periodically assessed and evaluated while being given tasks to perform. If this is not happening, as per your bond, you do have the right to initiate primary talks with your HR to understand the legal issues from the company's point of view. If you find something fishy, you must consult a legal consultant (lawyer).
Nothing can be one-sided, and companies have no right to take undue advantage of their employees by signing such bonds. Every problem has a solution. All you need is to perceive it in the right sense by applying logic and consulting legal experts before making any decisions.
With profound regards
From India, Chennai
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The point to be noted is that, as per your bond, training is scheduled for 2 years or less, but it has crossed its scheduled duration. By the end of the two years post-training, you were supposed to be periodically assessed and evaluated while being given tasks to perform. If this is not happening, as per your bond, you do have the right to initiate primary talks with your HR to understand the legal issues from the company's point of view. If you find something fishy, you must consult a legal consultant (lawyer).
Nothing can be one-sided, and companies have no right to take undue advantage of their employees by signing such bonds. Every problem has a solution. All you need is to perceive it in the right sense by applying logic and consulting legal experts before making any decisions.
With profound regards
From India, Chennai
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Abdul Khadir, that is true. We are 25 people signing the same bond, and most of them are really unhappy about this. It is also true that two years have passed now, and my training isn't finished yet. But if you see in the agreement, the company has used the term "be it more or less" to keep them safe.
From Pakistan, Karachi
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From Pakistan, Karachi
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Dear Muddasir Masood,
Assalaamu Alaikum with regards and blessings,
Let me quote in this way. I am sure only a TRUE MUSLIM PRACTICING ISLAM can understand my views.
If you are a true believer of ALLAH (swt), had surrendered your will to ALLAH (swt), If you are a Muslim by practicing Islam, if you truly believe whatever is happening is according to his (Allah swt) will and wish, then, you pray 2 RAKATH NAFIL and seek his guidance and help. I am sure based on your GOOD DEEDS (AAMAAL), you will receive his guidance and no doubt about it. It's all associated with your E-IMAN and YAKEEN (BELIEF).
If you are honest, sincere, and loyal personality, you must thank ALLAH (swt) for everything as he blessed you with bread and butter till date through (zaria) your current company. You were still paid when you had no work to do. Ups and downs are part of our life, and we must experience happiness and sorrow to understand the ground reality.
If you want to live a peaceful life, please do not COMPLAIN, CRITICIZE, and COMPARE. If your friends are doing well or earning well, that means whatever is written in their fate, they are receiving it, and you will receive whatever is written in your fate. If you run after the success which is not written in your fate, you will face defeat and will lose whatever you are blessed with. Henceforth, respect and value your current status.
You need to justify with yourself and your employer for whatsoever knowledge you had acquired through them and whatever good things happened till date. Think practically about the loss you had incurred through your current employer. If you think you had incurred a loss, please submit your resignation and state all valid reasons for breaking your indemnity bond. By the grace of ALLAH (swt), grab the opportunity you have in your hand. If it is in your fate, it will be yours, and your employer will relieve you. Don't forget to have an open discussion with your future employer about your current scenario.
Learn to secure from ALLAH swt through your prayers and good deeds.
Hope you understood my message.
JAZAKALLAH KHAIR
From India, Chennai
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Assalaamu Alaikum with regards and blessings,
Let me quote in this way. I am sure only a TRUE MUSLIM PRACTICING ISLAM can understand my views.
If you are a true believer of ALLAH (swt), had surrendered your will to ALLAH (swt), If you are a Muslim by practicing Islam, if you truly believe whatever is happening is according to his (Allah swt) will and wish, then, you pray 2 RAKATH NAFIL and seek his guidance and help. I am sure based on your GOOD DEEDS (AAMAAL), you will receive his guidance and no doubt about it. It's all associated with your E-IMAN and YAKEEN (BELIEF).
If you are honest, sincere, and loyal personality, you must thank ALLAH (swt) for everything as he blessed you with bread and butter till date through (zaria) your current company. You were still paid when you had no work to do. Ups and downs are part of our life, and we must experience happiness and sorrow to understand the ground reality.
If you want to live a peaceful life, please do not COMPLAIN, CRITICIZE, and COMPARE. If your friends are doing well or earning well, that means whatever is written in their fate, they are receiving it, and you will receive whatever is written in your fate. If you run after the success which is not written in your fate, you will face defeat and will lose whatever you are blessed with. Henceforth, respect and value your current status.
You need to justify with yourself and your employer for whatsoever knowledge you had acquired through them and whatever good things happened till date. Think practically about the loss you had incurred through your current employer. If you think you had incurred a loss, please submit your resignation and state all valid reasons for breaking your indemnity bond. By the grace of ALLAH (swt), grab the opportunity you have in your hand. If it is in your fate, it will be yours, and your employer will relieve you. Don't forget to have an open discussion with your future employer about your current scenario.
Learn to secure from ALLAH swt through your prayers and good deeds.
Hope you understood my message.
JAZAKALLAH KHAIR
From India, Chennai
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Dear Muddasir,
As advised by Raj Kumar Hansdah, this bond is junk and carries no legal tender. Write to your management to free you of the bond as they fail to provide you with training. You will get NO response. You may break the terms of the bond after a reasonable period of time as you see fit.
Incidentally, many bonds are just junk. They are mostly relevant to the extent that the IP of the company is concerned and, in some cases, joining the competition. For the rest, bonds are just a scarecrow. Have fun and stop worrying.
From India, Chandigarh
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As advised by Raj Kumar Hansdah, this bond is junk and carries no legal tender. Write to your management to free you of the bond as they fail to provide you with training. You will get NO response. You may break the terms of the bond after a reasonable period of time as you see fit.
Incidentally, many bonds are just junk. They are mostly relevant to the extent that the IP of the company is concerned and, in some cases, joining the competition. For the rest, bonds are just a scarecrow. Have fun and stop worrying.
From India, Chandigarh
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Well, the term, be it more or less, is to be seen in the light of the entire document. It is not a condition that can be used to make the employee a bonded slave (albeit a paid one) of the company. Assuming Pakistani courts follow the same jurisprudence as Indian courts, it is most likely that the courts will interpret the line in a very narrow manner: if the training extends due to lower understanding levels, the period is prolonged. Conversely, if the course completes earlier, the period shortens, and the next 3-year period commences immediately after.
However, such extensions should be for conditions beyond the company's control and within a reasonable timeframe. Inability to secure projects or complete certifications should not justify extending the training period as it should have been factored into the initial planning, showcasing the company's domain expertise. In this instance, reasonableness appears to have long expired.
From India, Mumbai
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However, such extensions should be for conditions beyond the company's control and within a reasonable timeframe. Inability to secure projects or complete certifications should not justify extending the training period as it should have been factored into the initial planning, showcasing the company's domain expertise. In this instance, reasonableness appears to have long expired.
From India, Mumbai
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