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Activity: Question posted: 01 03 2011 08:08:21 +0000, 26 answers, 3628 views, last activity 12 01 2011 10:57:31 +0000
 
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I want to quit from my current job but i have signed bond here . so now i want to break the bond but my current employer threaten me to spoil my career by  putting my name into black list of NASSCOM & also send email to my new employer mentioning bad thing about me. Is these thing really affect my future career ? So what sholud i do . should i stay in the company untill the bond period or leave the job . 

Plz guide me .

 

 
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If you are mentally harassed or have any genuine reason then you have the rights to leave the company. And if your employer is threatening you then you can lodge a complaint against him in the police station.....don't get scared....& it will not affect your career.....provided your reasons for leaving the company are genuine & justified.



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by   Gargi Sinha, Senior Consultant, Hewitt Associates  | 01 04 2011 12:39:06 +0000
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Bonds are not valid in a court of law. It becomes valid only if the company spends money and time on training you for the job. It all depends on the terms of the bond. Better consult an advocate on this issue. I will refer this to my advocate friends on Too Step.

Secondly, it is always advisable to part ways amicably. Discuss with your present employer and sort out the issue. Going to courts or police stations is a waste of time. Many issues can be resolved through amicable discussions.

  Answer modified by     Srinivas suravajhala, Asst. Manager.  | 11 30 2011 11:37:50 +0000
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This is a general doubt from most of the freshers.    Two things are clear here - the previous employer requires your  services in his organisation since he finds something special in you.  This is a positive angle for you.  The other thing is that the previous employer failed to provide conducive atmosphere to retain a worthy employee.  From both the angles, it benefits the candidate like you. Bond is an agreement between the two parties.  Any party can  break the agreement at any time considering the situation.  Its not a crime if you have valid reasons. if not, there is a chance that the previous employer can  sue you for violation of agreement.  He cant do much more than this.  So, you dont need to worry for that.  As Ms. Gargi advised you can also file a case with Police if there is some kind of  harassment from your previous employer. You need not get scared about this issue.  All the very best.

  Answered by     Mano , B.Tech/B.E. student, Anna University  | 11 30 2011 10:41:42 +0000
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Hi,

for more than 1 year i am working in this xxx IT company.While joining as a fresher , i signed 2 year bond.
Probationary period is 6 month.Here there is sick leave 
and also vacation leave available.But he never gave leave without reducing salary of those days.Suddenly he terminated 
me from job,coming month he must give increment for me.I gave good performance,he also praised me for my performance
many times.For us weekly sunday only holiday meanwhile I am working for more than 11 hours daily in this company.
He also asking us to work on government holidays, salary for these day is not double pay.Now he is saying that my performance was
not good.So terminating from job like that.What i must for at this situation

For more than 1 year i am working in this xxx IT company.While joining as a fresher , i signed 2 year bond.

Probationary period is 6 month.Here there is sick leave 

and also vacation leave available.But he never gave leave without reducing salary of those days.Suddenly he terminated 

me from job,coming month he must give increment for me.I gave good performance,he also praised me for my performance

many times.For us weekly sunday only holiday meanwhile I am working for more than 11 hours daily in this company.

He also asking us to work on government holidays, salary for these day is not double pay.Now he is saying that my performance was

not good.So terminating from job like that.What i must for at this situation.

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YOU ARE NOT A BONDED LABOR!!!!!

Be confident, you are not a bonded labor. Any bond, itself is in violation of law. If company threatens you to blacklist it is merely a blackmailing tactics by the company. NASCOM can be having a blacklist of errant companies, BUT, no such black list of employees is maintained by NASCOM. NASSCOM, however maintains ONLY a 'negative list' of contact centre employees of BPOs, who have left the companies and misused client information for fraudulent purposes. You can get the fact confirmed or have guidance from NASCOM itself by sending a query at its contact page:

http://www.nasscom.in/Nasscom/templates/NormalPage.aspx?id=2792

You must go ahead with putting in your resignation showing your intention to pay the bond money for the balance period of bond. BUT PLAY SAFELY building evidence in your favor. Wait for the response of the company for some time. Remind the company in writing for response after every week. However, if you feel you are being harassed by verbal threats by blackmail tactics, you must write to the higher authorities the incidence of blackmailing with a copy to NASSCOM. If still there is no response, lodge a complaint with the Police about the incidence of blackmail with a copy to NASSCOM. They cannot blackmail you on any count, specifically on account of your bond. All these documents will be a proof in your favor even if the company tries to play some trick with you to spoil your career.

Must gird up your loin to challenge the evil designs of your company, as a free Indian, not as a slave. You are neither a slave nor a bonded labor in this democratic set up. You have a constitutional right, the right to business or profession.

  Answered by     ARUN SHARMA, OPERATION MANAGER, SECURITY COMPANY  | 01 20 2011 16:51:19 +0000
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All above suggestions are given without actual knowledge of the contarct..

 

ITS INDIA EVERYONE IS TRYING TO REAP MONEY TAKE WISE DECISION...SAB UPPAR WALE AADMI CHOOR HAI SAB MOH MAYA HAI BHAI..

 

IF COMPANY WILL DECIDE TO DESTROY YOUR CAREER,IT WILL BUT IF YOU ARE FINANCIALLY STRONG U CAN FIGHT BUT WASTE OF MONEY

 

For this you have to send me contract copy mail me:-arunsharma1986@ymail.com

  Answered by     V. Srinivas, Freelancer, Information Technology  | 01 17 2011 05:45:29 +0000
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A company normally hires a "Green-Hand" at whatever level it is. Green to the attitudes of the company if it is at a top level, and totally green if it is at the bottom level. The company invests money and time (and your salary) training you in order to make you productive. There is as computed by the company a pay-back time when this investment is recoverable. This is normally the bond period. You can always pay back the bond and quit. This is enforceable. A chap working in a private company under bond quit to join mine - a Govt. Company. One letter to the Head of HR, and his joining letter ws put on hold till the bond money was repaid and a certificate from that company to that effect was produced.

  Answered by     Jaygopal Raghavan, Marketing Manager, Landmark Group  | 01 16 2011 16:18:57 +0000
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First of all when you got into the job after signing the bond, u knew that there is an agreement between you and the company to serve for a particular point of time. On top of it if you want to leave breaking the bond period, it is bad unless you have a very valid reason.

Apart from the points suggested by Gargi, i would say be open with your new employer and tell them everything. That way if your new employer wants you badly, then they will not bother with what your old one does. Hiding things from your new employer will make matters worse. But take care that you do not leave the new employer also hastily. That will brand you as unstable and could harm your future career.

Though i am not a great fan of these bonded employment since it is a free world, i realise that companies do spend a lot on a candidate in terms of resources, training, time etc. and hence if someone leaves them mid-way without realising their full potential, then its not good.

Dont worry the world is big enough to employ everyone.

  Answered by     NATTERAJA R. ARIKRISHNAN, GM-Projects, Bentec Electricals & Electronics Pvt. Ltd  | 01 06 2011 17:14:22 +0000
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Thanks for the referral Ms.Gargi Sinha. Your opinions are correct. I will accept with the views posted by Mr.Ramesh Kandadai, Mr. Thiruvenkatachari and Ms.Anjali Sinha.

  Answered by     Ankit Goel, SSCS, AonHewitt Associates  | 01 05 2011 13:50:02 +0000
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Hey Gargi,

First of all thanks to you to invite for discussion on this Question.

I don't think any of the employer can bound there employees, anyhow they can just blacklist the employee for future Re-hire in there own company. They don't even have right to force any employee to work in the organisation untill bond period would get over.

I think Trifinites is being harassed by his boss and its happening in many of the complanies.

They can only ask you for compensation amount signed in bond, but if the person will not pay that amount then only it will be treated as braking of bond, still there is no issue in leaving the organisation. No one can harm any employee or may spoil his/her career just on the base of bond.

Bond braking can only be a issue for that organization not for others.

So, chill and leave the company and get releaving letter for the period you spent in the organisation. You have the right to ask for that and if they refuse then you may take legal actions too.

Ankit Goel

  Answered by     shailesh jadhav, HR Manager, xyz  | 01 05 2011 12:10:32 +0000
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We need to see which bond is this??
 
If the bond is service agreement/ contract bond (without any training investment on employoee), then that bond is invalid bond and do not stand in law of court.
Employee need not to worry of breaking it.
 
If the bond is a training bond then it may stand in law of court for validity, for which we need to see content of bond clauses.
 
Anyhow in India now bonded labour is baned.. which means no employer can keep any employee on any kind of bond/agreement which is not valid in law of court.
 
Now a days employer use this weapon to create psychological effect on employee, apart from this there is no value of such bonds.
 
This person should see a lawyer and should send his compay a formal explanation notice if he fits all aspects on legality.
 
Shailesh

 
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