• Contract Bond

I have signed a 2.5 years bond upon employment. I have joined with a minimal amount. Though they promised many things but I am now stuck with the responsibility which was supposed to be my secondary. No training has been provided although promised. After 1.5 years now I am stuck with no job of my respective value and while asking for salary hike they says that I have to prove myself. While doing field job I sometimes don't even get compensation. I am forced to take a room on rent without HRA. Heck, our director once said that, yes I won't give him compensation and I am telling this with girth. I am now totally depressed with would want to leave the job for my well being only. Please tell me how do I approach.
Asked 6 years ago in Labour

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10 Answers

Since you have signed bond for 2.5 years if you leave the organisation company will seek to recover bond money and if you fail to pay company would not give you experience letter and relieving letter 

 

2) in the event company goes to court to recover bond money your defence should be that company has not spent money on your training 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

See you can first write a detailed mail addressing your issues to company if the company fail to respond them.give a resignation letter and leave . The company shall give a notice to recover bond amount which if you deny in notice it can be contested in court citing your problems and can be contested that there is no actual damage as no training or proper work is given.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can break the bond if things assured in the same is not provided to you. Let them initiative legal proceedings if any then you can contest it

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

If no training etc. was provided to you, I must say this service bond has no value in the eyes of law and can't be enforced. Thus, you are not bound by it and neither your company can chase you for it's breach. Take your decision accordingly.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

It depends on your contract with the employer. There should be an exit clause defined in the contract signed at the time of employment stating what you can do in such case.

Generally, if you want to leave the organization within the term of the bond, you need to have the written permission from the employer approving your resignation and/or waiver of the bond

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Well, the agreement containing Bind for 2/5 years is required to be seen for further advice.

2. It is so because it must contain the necessary details of your salary and other emoluments.

3. if there is none then increase of your salary with time and compensation for the filed work is implied to be paid by the employer.

4. Even if those are paid then also the bond of 2.5 years has no legal mandate and you still can quit the company at any point of time.

5. In other words if you can not continue with the job anymore then rsign from it and join any other job of your choice. You can not be stopped from doing so.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Find out a job first who will not demand release letter from your present Company while joining.

 

2. Thereafter  identify the areas where you have been deprived though your employment contract entitled you to avail those faciliies.

 

3. Finally send a resignation letter returning all the Company assets you are holding taking acknowledgement of receipt of the same.

 

4. the resignation letter shall show reason that you have been deprived of the facilities though promised by the Company vide your employment contract for which you are resigning claiming an amount in lieu of the said deprived facilities.

 

5. Finding an alternative employment as suggested above is a must before taking the above steps.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. A bond is nothing but a contract which binds both parties thereto. The employer can recover liquidated damages from you if you violate the lock in period.

2. If you want to resign then be prepared to face legal battle which may be initiated by the employer.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can compile all your grievances especially the dire living conditions and the non-conducive working atmosphere and tender your resignation by observing the company norms and employment offer letter conditions in this regard.

Let them give their reply denying your allegations and your resignation, you can plan to take it up legally, you may discuss with an advocate in the local who is practicing service law.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

  1. Yes, it is true that you have signed the bond for two years and now after 1.5 years of time, you are feeling cheated by your company.
  2. Though it is not advisable for you to leave the job as then they might take legal action against you and will held you for breach of the contract.
  3. So, I would say that they also must have violated one of terms of the contract like you mentioned about HRA.
  4. If you see any such breach of the contract by their side then you should put the resignation stating the same reason and leave the company.
  5. Rest, will be able to guide more precisely if can see the contract terms and conditions.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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