Hello Friends,
I would like to details my case which could make it easy for the specialists to answere me and thus help me.
1. I have been working for TCS India for 5 years. I am deputed to Europe location working for TCS projects since 2 years now.
2. Recently I got a new offer from another company in Europe, I have decided to join them.
3. Since Internation TCS bond is for 6 months, my offer cannot wait that long to be valid and so I have decided to leave TCS by resigining and giving them a notice period of 2 months in Europe itself.
here is my question - Since I was asked to sign the international bond in India before leaving for onsite, how much harm can it do to me when I breach this contract i.e. do not serve TCS for 6 months after resignation.
I will definitely discuss with HR to handle the matter but I will prepare myself for the worst scenario. If HR asks me an amount which is practical, then I will pay them, but if they ask me some fancy amount, then I will simply leave them.
Now this bring the court notice and other legal formalities.
If TCS sends me a legal notice, will it be valid when I fight in court as I understand from the forum that such bonds are one sided and are not legal in India. I though have many points which i even can sue the company which i do not want to do so until worse situation comes like -
a) the company takes away our income tax return from the foreign government by making us sign forcibly on the Power of attorney papers, if we do not sign, then then will send us back immediately as per their policy.
b) the company bills resources like us to clients when we are on business visa which is completely illegal for both the company and the client to do - but this happens - I hope all HR people would be aware of it.
---------------------------------------------------------------
Above mentioned two points are just examples which could be used, but honestly I do not want to use them against the company as i am leaving them not due to any personal differences but as I got a better offer. I would have liked to resign and go on a clean exit but the long term 6 months bond is too much and I can't help it. please suggest me about the bond implications as per law and any one if has such experiences will be a great help to share.
Thanks
From United Kingdom
I would like to details my case which could make it easy for the specialists to answere me and thus help me.
1. I have been working for TCS India for 5 years. I am deputed to Europe location working for TCS projects since 2 years now.
2. Recently I got a new offer from another company in Europe, I have decided to join them.
3. Since Internation TCS bond is for 6 months, my offer cannot wait that long to be valid and so I have decided to leave TCS by resigining and giving them a notice period of 2 months in Europe itself.
here is my question - Since I was asked to sign the international bond in India before leaving for onsite, how much harm can it do to me when I breach this contract i.e. do not serve TCS for 6 months after resignation.
I will definitely discuss with HR to handle the matter but I will prepare myself for the worst scenario. If HR asks me an amount which is practical, then I will pay them, but if they ask me some fancy amount, then I will simply leave them.
Now this bring the court notice and other legal formalities.
If TCS sends me a legal notice, will it be valid when I fight in court as I understand from the forum that such bonds are one sided and are not legal in India. I though have many points which i even can sue the company which i do not want to do so until worse situation comes like -
a) the company takes away our income tax return from the foreign government by making us sign forcibly on the Power of attorney papers, if we do not sign, then then will send us back immediately as per their policy.
b) the company bills resources like us to clients when we are on business visa which is completely illegal for both the company and the client to do - but this happens - I hope all HR people would be aware of it.
---------------------------------------------------------------
Above mentioned two points are just examples which could be used, but honestly I do not want to use them against the company as i am leaving them not due to any personal differences but as I got a better offer. I would have liked to resign and go on a clean exit but the long term 6 months bond is too much and I can't help it. please suggest me about the bond implications as per law and any one if has such experiences will be a great help to share.
Thanks
From United Kingdom
Hi,
According to new TCS separation ploicy(atleast in US),you dont have to give 6 months notice.You can give them 3 mnths notice from onsite also.They normally charge 5 lakhs for settlement,but you can bargain hard.Make sure you complete your project and get release properly,then settlements won't be an issue.
Gooluck!!!
From United States, Cape May
According to new TCS separation ploicy(atleast in US),you dont have to give 6 months notice.You can give them 3 mnths notice from onsite also.They normally charge 5 lakhs for settlement,but you can bargain hard.Make sure you complete your project and get release properly,then settlements won't be an issue.
Gooluck!!!
From United States, Cape May
Hi,
According to new TCS separation ploicy(atleast in US),you dont have to give 6 months notice.You can give them 3 mnths notice from onsite also.They normally charge 5 lakhs for settlement,but you can bargain hard.Make sure you complete your project and get release properly,then settlements won't be an issue.
Goodluck!!!
From United States, Cape May
According to new TCS separation ploicy(atleast in US),you dont have to give 6 months notice.You can give them 3 mnths notice from onsite also.They normally charge 5 lakhs for settlement,but you can bargain hard.Make sure you complete your project and get release properly,then settlements won't be an issue.
Goodluck!!!
From United States, Cape May
There is currently a class action lawsuit pending against TCS for many of its employee practices regarding those employees who were deputed to work in the US. Please call 800-971-8881 and you will hear a recorded message from the law firm that brought forth the suit on behalf of TCS employees. After the message, you will have an opportunity to leave your contact information if you want to hear more about your rights and claims, and receive information about the status of the lawsuit. This suit is currently at a very important stage, so now is the time to be heard.
1-800-971-8881
From United States, Brentwood
1-800-971-8881
From United States, Brentwood
50Dear All
We find lot of posts on Bond Breaking.Bonds are legal and enforceable .
It is not as easy as one thinks of breaking bond .There are serious consequences which will happen without the Employees knowledge.
Having done certain research on the case law of Bond Breaking we find that it is favoring the Employer .This is because of the legal route adopted by the Employers for enforcement of the Bond ,Employers go through the process of Arbitration and get an award very many times exparte i.e in the employees absence .The advantage for Employers is because the Employees are reluctant to part with their address and the Employer goes for service of notice on the old address and gets the verdict from the Arbitrator in their favor.The scope of the appellate process against such awards is very limited and the award by the Arbitrator is confirmed.The instances of Employees resisting such claims is minimal.Once the Employer gets the verdict the time for enforcement is 12 years.
Therefore it is better to plead to your employer to relieve you from the obligations of the Bond by sending an “escalation letter “to the Higher up than your HR Head say if it is an MNC to the HQ.It may sometimes work.In case this also does not work out you can send a “frustration Letter” for the record.In case there is legal case this letter may help.For getting the letters you need to take legal help on your specific facts.
The other option exposed by case law on enforcement on negative covenants is where the Employer is forced to terminate the Employee instead of the employee resigning . This option needs to be exercised and dealt with great care as you might have other issues cropping up. .If there is termination then the Bond cannot be enforced.
Also creating an Employees Forum in CITE HR with an All India Network to provide Legal Assistance at nominal cost to defend Bond cases on the Employees side can be a solution.This can match the legal strength of the Employers.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
We find lot of posts on Bond Breaking.Bonds are legal and enforceable .
It is not as easy as one thinks of breaking bond .There are serious consequences which will happen without the Employees knowledge.
Having done certain research on the case law of Bond Breaking we find that it is favoring the Employer .This is because of the legal route adopted by the Employers for enforcement of the Bond ,Employers go through the process of Arbitration and get an award very many times exparte i.e in the employees absence .The advantage for Employers is because the Employees are reluctant to part with their address and the Employer goes for service of notice on the old address and gets the verdict from the Arbitrator in their favor.The scope of the appellate process against such awards is very limited and the award by the Arbitrator is confirmed.The instances of Employees resisting such claims is minimal.Once the Employer gets the verdict the time for enforcement is 12 years.
Therefore it is better to plead to your employer to relieve you from the obligations of the Bond by sending an “escalation letter “to the Higher up than your HR Head say if it is an MNC to the HQ.It may sometimes work.In case this also does not work out you can send a “frustration Letter” for the record.In case there is legal case this letter may help.For getting the letters you need to take legal help on your specific facts.
The other option exposed by case law on enforcement on negative covenants is where the Employer is forced to terminate the Employee instead of the employee resigning . This option needs to be exercised and dealt with great care as you might have other issues cropping up. .If there is termination then the Bond cannot be enforced.
Also creating an Employees Forum in CITE HR with an All India Network to provide Legal Assistance at nominal cost to defend Bond cases on the Employees side can be a solution.This can match the legal strength of the Employers.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
Dear Members
Fresher or even employees with experience have to sign Bond. They are forced to sign it and have no other go.We find lot of posts on implications of Bond. It is better to take preventive steps in advance and not repent and be in a fix later .
Before signing a Bond the following precaution needs to be taken:-
In case the Bond is to cover Training Expenses i.e. Training Bond.
i) Check on the amount of the Bond;
ii) Check up the cost of Training and whether the Employee will actually spend the amount.;
iii) See whether the liability to pay arises after the Company incurs the cost of training which shall be notified by the Employer separately;
iv) Request for proportionate reduction of the Bond amount dependent on the period of service.
In case the Bond is to cover service with the Employer for a particular period i.e. Service Bond.
i) Check the amount of the Bond. It must be reasonable and not an unreasonable amount and also the period has to be checked. This is also to be reasonable.
ii) It should also mention that it is for voluntary resignation and not for termination or forced termination by the Employer.
iii) Request for proportionate reduction of the Bond amount dependant upon the period of service.
With Regards
Advocates & Notaries & Legal Consultants HR
E-mail :
-9025792684-9025792634
more at https://www.citehr.com/30808-bond-le...#ixzz15pnjkl9K
From India, Bangalore
Fresher or even employees with experience have to sign Bond. They are forced to sign it and have no other go.We find lot of posts on implications of Bond. It is better to take preventive steps in advance and not repent and be in a fix later .
Before signing a Bond the following precaution needs to be taken:-
In case the Bond is to cover Training Expenses i.e. Training Bond.
i) Check on the amount of the Bond;
ii) Check up the cost of Training and whether the Employee will actually spend the amount.;
iii) See whether the liability to pay arises after the Company incurs the cost of training which shall be notified by the Employer separately;
iv) Request for proportionate reduction of the Bond amount dependent on the period of service.
In case the Bond is to cover service with the Employer for a particular period i.e. Service Bond.
i) Check the amount of the Bond. It must be reasonable and not an unreasonable amount and also the period has to be checked. This is also to be reasonable.
ii) It should also mention that it is for voluntary resignation and not for termination or forced termination by the Employer.
iii) Request for proportionate reduction of the Bond amount dependant upon the period of service.
With Regards
Advocates & Notaries & Legal Consultants HR
E-mail :
-9025792684-9025792634
more at https://www.citehr.com/30808-bond-le...#ixzz15pnjkl9K
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
High Court Judgement on Breach of Bond and Quantum of Compensation.PD F