Hi i am working in an IT company wherein Bond was signed by a few employees travelling abroad for a period of two years. One of such employee has resigned now
The facts are as follows
The Employee signed the Agreement which was on the letter head of the company
The Agreement did not mention the Bond Amount. It only mentioned the period of two years.
Can our company invoke the Bond and deny the employee of the Experience Certificate and Relieving letter
Also in case the employee leaves without paying the bond amount how do we recover the amount of bond and whether such agreement is legal and can be enforced through the court of law
Please guide me,
Thanks & regards
Ranji
From India, Gurgaon
The facts are as follows
The Employee signed the Agreement which was on the letter head of the company
The Agreement did not mention the Bond Amount. It only mentioned the period of two years.
Can our company invoke the Bond and deny the employee of the Experience Certificate and Relieving letter
Also in case the employee leaves without paying the bond amount how do we recover the amount of bond and whether such agreement is legal and can be enforced through the court of law
Please guide me,
Thanks & regards
Ranji
From India, Gurgaon
32
hi,
As per the description it seems that:
a) a separate appointment letter is there .
b) Bond was signed specifically for the purpose of training
C) in case the employee leaves within stiuplated time no bound amount was to be recovered.
Hence looking to all this things you can deny him the F&F rights as he is not complying to the terms and conditions of the appointment letter which would have a clause of signing of bond if in case the employee is sent for training abroad. Further if in the appointment letter damages will be recovered is written, you can approach the court by filing a civil suit for breach of agreement and recovery of damages.
Hope you have got a fair idea
anand
From United States
As per the description it seems that:
a) a separate appointment letter is there .
b) Bond was signed specifically for the purpose of training
C) in case the employee leaves within stiuplated time no bound amount was to be recovered.
Hence looking to all this things you can deny him the F&F rights as he is not complying to the terms and conditions of the appointment letter which would have a clause of signing of bond if in case the employee is sent for training abroad. Further if in the appointment letter damages will be recovered is written, you can approach the court by filing a civil suit for breach of agreement and recovery of damages.
Hope you have got a fair idea
anand
From United States
Hi,
I am working in Malaysia company in IT department in Malaysia. I signed two years bond with company the bond amount is if i terminate before 365 days than i will have to pay 6 months salary+Flight tickets + Visa fees+other exepenses incurred by company. If i terminate after 365 days but before 2 years than 3 months salary + all above. I came from india.
I already served 1 year and company has not given my bonus or any salary increment. Bonus is 10% of salary depends on performance. So company simply says that my performance is not up to the mark. Second thing i have family issues also, my MOther is not feeling well and i already submitted Medical certificate for this. BUt company is still demanding Bond money. I given them 3 months notice after discussion with my Manager and my manager ensured that he will waive off the money if i streamline the process ( Not in written) I did again hardwork and completed my tasks. NOw my manager is saying that it's depends on HR whether they want to waive off or not and simply change my department. Now he is not my manager and i heard he is leaving. The new HOD is also not cooperative. There were 6-7 employees who belongs to India and already left 4 employees as this company is treating very bad. They all ran away and nobody paid the bond. I could do also but i wanted peacefully leaving.
Can somebody guide me how to tackle this situation. I resigned in April and my last day in july but company is not ready to waive off my bond. Even they said my dependent visa will not renew as i am resigning before 2 years....
One more thing the bond clause is on Appointment letter not on any separate agreements.
Regards
Vicky
From Malaysia, Kuala Lumpur
I am working in Malaysia company in IT department in Malaysia. I signed two years bond with company the bond amount is if i terminate before 365 days than i will have to pay 6 months salary+Flight tickets + Visa fees+other exepenses incurred by company. If i terminate after 365 days but before 2 years than 3 months salary + all above. I came from india.
I already served 1 year and company has not given my bonus or any salary increment. Bonus is 10% of salary depends on performance. So company simply says that my performance is not up to the mark. Second thing i have family issues also, my MOther is not feeling well and i already submitted Medical certificate for this. BUt company is still demanding Bond money. I given them 3 months notice after discussion with my Manager and my manager ensured that he will waive off the money if i streamline the process ( Not in written) I did again hardwork and completed my tasks. NOw my manager is saying that it's depends on HR whether they want to waive off or not and simply change my department. Now he is not my manager and i heard he is leaving. The new HOD is also not cooperative. There were 6-7 employees who belongs to India and already left 4 employees as this company is treating very bad. They all ran away and nobody paid the bond. I could do also but i wanted peacefully leaving.
Can somebody guide me how to tackle this situation. I resigned in April and my last day in july but company is not ready to waive off my bond. Even they said my dependent visa will not renew as i am resigning before 2 years....
One more thing the bond clause is on Appointment letter not on any separate agreements.
Regards
Vicky
From Malaysia, Kuala Lumpur
Dear hr consultants
I'am a qualified professional working in a bank.at my appointment there was no clause of bond signing .Now after six year my organisation says sign a bond or you may leave.Its not easy to get job so easily .I asked management what will i get if I sign the bond as salary increment during the period as of know we are already being paid less as per industry norms and and you are asking to sign the bond I can't stop my future avenues on which he replied we will see but we can't commit.but if you dont sign you may leave the company .I have two kids and family liabilities what should ido advise
The penalty clause is one year salary which for me will range as 3.5 lacs thus heavy amount
From India, Lucknow
I'am a qualified professional working in a bank.at my appointment there was no clause of bond signing .Now after six year my organisation says sign a bond or you may leave.Its not easy to get job so easily .I asked management what will i get if I sign the bond as salary increment during the period as of know we are already being paid less as per industry norms and and you are asking to sign the bond I can't stop my future avenues on which he replied we will see but we can't commit.but if you dont sign you may leave the company .I have two kids and family liabilities what should ido advise
The penalty clause is one year salary which for me will range as 3.5 lacs thus heavy amount
From India, Lucknow
hi,
Is this happening with you only or ither staffs also. Some companies are cutting their staff by this manner also. Employee won't have any other options. If you sign the bond than they will not give you any salary hike. This is the purpose of such companies. If you are signing the bond than ask them to put the clause of Annual Increment. The bond should be in favor of both parties. If company is asking for Bond than there should be some training or something to show that Company has invested in you. In your case you have already spend 6 years in this company. There is no point to sign the bond at this stage. I think they have somehting else in their mind. It happened with me also. I signed 2 years bond but there is no increment or Bonus. Company take advantage. You can refer to any labout court / cases. But remember company have always right to terminate you after giving notice or notice pay. Company is not liable to give you reason. This is standard clause of every appointment letter.
My suggestion is, you should look forward your job outside. What is your skills level?
Regards
Vicky
From Malaysia, Kuala Lumpur
Is this happening with you only or ither staffs also. Some companies are cutting their staff by this manner also. Employee won't have any other options. If you sign the bond than they will not give you any salary hike. This is the purpose of such companies. If you are signing the bond than ask them to put the clause of Annual Increment. The bond should be in favor of both parties. If company is asking for Bond than there should be some training or something to show that Company has invested in you. In your case you have already spend 6 years in this company. There is no point to sign the bond at this stage. I think they have somehting else in their mind. It happened with me also. I signed 2 years bond but there is no increment or Bonus. Company take advantage. You can refer to any labout court / cases. But remember company have always right to terminate you after giving notice or notice pay. Company is not liable to give you reason. This is standard clause of every appointment letter.
My suggestion is, you should look forward your job outside. What is your skills level?
Regards
Vicky
From Malaysia, Kuala Lumpur
Dear Vicky,
While joining this company, you have agreed with the terms and conditions of appointment. Now the ball is in your management’s court. If they wish they can waive the notice period and other T&C of the Appointment. Else, you need to serve them the agreed period for separation. If you will break the contract and abscond from job, then the management will take a call whether to proceed legally or to close the issue.
Before taking any initiation, think seriously since it is your career issue.
Regards
Ravi A.
From India, Madras
While joining this company, you have agreed with the terms and conditions of appointment. Now the ball is in your management’s court. If they wish they can waive the notice period and other T&C of the Appointment. Else, you need to serve them the agreed period for separation. If you will break the contract and abscond from job, then the management will take a call whether to proceed legally or to close the issue.
Before taking any initiation, think seriously since it is your career issue.
Regards
Ravi A.
From India, Madras
Dear All
I had signed one three years bond in a company as a management trainee and at the time of joining they said that after completion of one year of probation period we will be called as a Asst. Manager but they made Sr. Executive, but I have worked for 1 year and 10 months and after that I have resigned from the company, Now I am working in another company but my previous company has sent 3 notice and later they have sent one legal notice through their advocate. please advice and suggest what should I do................... Thanks in advance
From India, Hyderabad
I had signed one three years bond in a company as a management trainee and at the time of joining they said that after completion of one year of probation period we will be called as a Asst. Manager but they made Sr. Executive, but I have worked for 1 year and 10 months and after that I have resigned from the company, Now I am working in another company but my previous company has sent 3 notice and later they have sent one legal notice through their advocate. please advice and suggest what should I do................... Thanks in advance
From India, Hyderabad
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