Hi, I need to ask a few things before leaving my job. I was appointed as AWS solutions architect in the company 9 months ago where I signed a bond for 1 year. For the last 3 months, they have forced me to do the testing job which is unrelated to my profile. They have also introduced me as a QA to the client to get the project. And the salary is also delayed every month. The salary date is the 13th of every month, but they delay it till the 25th of every month for the last month's salary. I am planning to leave the job but am afraid of the legal implications because the boss is too egoist and cannot handle anyone leaving him. What should I do? I have started consulting a psychologist due to the stress and anxiety.
From India, Taranagar
From India, Taranagar
Dear Colleague,
One can not work peacefully in a job which is disliked by him. When the internal factors like unrelated jobs / delayed salary/ boss who is egoist is having less tolerance to persons quit job etc are indicators triggering you to decide to change job.
Here are few thoughts for your consideration:
1. You are having a 1 year bond with the company. If you leave abruptly then you may have to fact legal actions by the company and you are liable to compensate / answer for breach of contract
2. You had already served 9 months and remaining is 3 months time to go to complete 1 year contract. It will be suggestive to complete the remaining 3 months and peacefully change your job so that no action can be taken by the company
3. Try to get a leave for few days to reduce your stress level and it is good that you are already in touch with Psychologist
4. Understanding your feelings, at the same time for the long term benefit of your career, it is advisable to complete the remaining period and go right royally
5. Check your notice period clause and if it is 3 months it is high time to give advance notice and resignation letter as well try to get a job that is close to your heart and soul
All the Best and God Bless,
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
309One can not work peacefully in a job which is disliked by him. When the internal factors like unrelated jobs / delayed salary/ boss who is egoist is having less tolerance to persons quit job etc are indicators triggering you to decide to change job.
Here are few thoughts for your consideration:
1. You are having a 1 year bond with the company. If you leave abruptly then you may have to fact legal actions by the company and you are liable to compensate / answer for breach of contract
2. You had already served 9 months and remaining is 3 months time to go to complete 1 year contract. It will be suggestive to complete the remaining 3 months and peacefully change your job so that no action can be taken by the company
3. Try to get a leave for few days to reduce your stress level and it is good that you are already in touch with Psychologist
4. Understanding your feelings, at the same time for the long term benefit of your career, it is advisable to complete the remaining period and go right royally
5. Check your notice period clause and if it is 3 months it is high time to give advance notice and resignation letter as well try to get a job that is close to your heart and soul
All the Best and God Bless,
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
Thanks for your reply. Just 1 more thing. Is it okay if I complete my 1 year while serving the notice period? Or do I have to complete 1 year then resign? E.g. 5th Feb 2021 I joined the company, and we have an NP of 45 days. So do I have to work till 5th Feb 2022 and then resign and serve the next 45 days as notice or can I resign around 20th Dec 2021 and then serve 45 days as notice?
From India, Taranagar
From India, Taranagar
Dear Colleague,
Kindly read your Agreement Copy/ Appointment Order copy for the clause specifically for this purpose and then proceed accordingly in line with what exactly the clause says. If no specific clause to that effect then 1 year including notice period service is what is possible by an employee in normal situations. Hence kindly read the clauses and then proceed
Take Care
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
Kindly read your Agreement Copy/ Appointment Order copy for the clause specifically for this purpose and then proceed accordingly in line with what exactly the clause says. If no specific clause to that effect then 1 year including notice period service is what is possible by an employee in normal situations. Hence kindly read the clauses and then proceed
Take Care
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
It seems to me that many people here on CiteHR need to learn about Contract law.
A contract is a binding agreement, and to break that agreement is to invite all manner of legal complications which you DO NOT NEED in your life. It seems that many people skip over this small fact of life.
For what reason is this company binding people to stay a minimum of 12 months I wonder? Are they having problems with attitrition? Do they want to recoup the cost of recruitment and training new staff - a flimsy reason at best as it is just part of the cost of doing business.
It behoves people to STOP, and THINK and THOROUGHLY READ AND UNDERSTAND, before they sign any document. If you are not sure you can commit to the conditions being asked of you DON'T sign it. Walk away.
Now in this case, the OP may have signed his life away for 12 months thinking that it was a good job, it met his requirements, and suited him in all aspects. BUT, the employer shifted the goal posts and changed the conditions of employment. The OP may have a case at law, but only those with deep pockets can afford to stand on principle and fight. And you need lots of evidence to prove your case.
Yet another example where you need to do due diligence on a prospective employer and ascertain to the best of your ability that this is an organisation where you want to work and will be treated well.
From Australia, Melbourne
A contract is a binding agreement, and to break that agreement is to invite all manner of legal complications which you DO NOT NEED in your life. It seems that many people skip over this small fact of life.
For what reason is this company binding people to stay a minimum of 12 months I wonder? Are they having problems with attitrition? Do they want to recoup the cost of recruitment and training new staff - a flimsy reason at best as it is just part of the cost of doing business.
It behoves people to STOP, and THINK and THOROUGHLY READ AND UNDERSTAND, before they sign any document. If you are not sure you can commit to the conditions being asked of you DON'T sign it. Walk away.
Now in this case, the OP may have signed his life away for 12 months thinking that it was a good job, it met his requirements, and suited him in all aspects. BUT, the employer shifted the goal posts and changed the conditions of employment. The OP may have a case at law, but only those with deep pockets can afford to stand on principle and fight. And you need lots of evidence to prove your case.
Yet another example where you need to do due diligence on a prospective employer and ascertain to the best of your ability that this is an organisation where you want to work and will be treated well.
From Australia, Melbourne
Thank you for a great knowledge sharing. The company already deducts 4% of the salary every month as a security deposit (cost of training )which will be given to me after I complete a year. Here, after reading the comments, I think I should complete a year and mark my exit. Because as I complete my 1 year, I again have to sign a bond to continue with the employment. People in my company sign the bond every year to continue (some of them are continuing for the last 6 years due to their personal issues, and they can't move out). I guess I'll resign within the bond period and complete my 1 year.
From India, Taranagar
From India, Taranagar
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Dispciplinary Action.doc
CTC_SALARY_SLIP _FORM_(legal)(1 ).xls
DISCIPLINARY ACTION.ppt