Breaking one year bond in IT company - Absconding
kainat
(Querist) 07 April 2017
This query is : Resolved
Hi All,
I was given a position of associate software engineer in a reputed mnc in the month of september of 2013. My whole batch was made to sign 2 bonds 1st one stated that i would be eligible to pay a sum of 1 lakh rupees to the company incase of breaking it with my father being the guarantor. The 2nd one stating that i being a girl working in noida have no issues in working at late hours at night at times as and when required by the company (was mandatory to sign) .
Post 1 month of training, i was given a project. After introductions the manager told me that i would need to come in night shifts only for complete 2 years at least , this was not informed to me earlier during my first interview with company HR. I refused and stated the same to the hr head of that time -the hr refused to help me and said point blank that i have to work like this only as i have signed a bond.
After 3 months of working in the company i left it without informing any one and recieved the email which stated that the company now considers me as an absconded employee in march 2014.
In between i did recieve 2-3 notices stating legal action that will be taken against me.
I had even replied twice stating my reasons
My today i have recieved a post mail from a retired high court judge of M.P. who was the sole arbitrator
Stating that :
"
The since none of the non-applicant (i.e. me n my father) were present. Non applicants are now declared exparte.
The case is fixed for ex parte evidence by the way of an affidavit on 20th april 2017 at 4 :30 pm "
Kindly explain the importance of the statement above in term of indian law
Also please advise as to what course of action can i take now.
P.s : i was a fresher when i was offered this job.
Kumar Doab
(Expert) 07 April 2017
The arbitrator may pass the award.
Kumar Doab
(Expert) 07 April 2017
Do you have the copy of the said Bond(s)?
Is it stated that seat of arbitrator is at MP?
Consult a very able counsel specializing in such/service matters.
What was this training of 1 month?
Was it some certified course that added to your qualification and kills?
Instead of absconding: you could have engaged in written communication while in employment and built some irrefutable written record to establish employer is unworthy of being employed with.
kainat
(Querist) 07 April 2017
Thank you so much for responding!
1. I was given a general classroom training required for the job it included basic computer hardware and software trainings. no specialization or certification was provided
2. I do have a copy of the bond.
I was supposed to print this bond on a4 sheets, fill it sign it get it signed by my father and attested by a notary.
3. Regarding the indore statement below is a context from my bond i have replaced tge company's name from the context-
"All claims, disputes or differences between the parties to this agreement and all claims for money as
property between the parties whether arising by virtue of this agreement or otherwise and every matter of
disputes or differences of whatsoever nature arising out of or in connection with this Agreement and/or any
other understanding agreed upon between xyz and the employee in respect of a demand / claim made by
one party and denied or remaining unanswered / unattended by the other party, then the said dispute,
difference or claim / demand shall be referred to arbitration of a sole arbitrator to be appointed by xyz and
the Guarantor hereby grants his/her consent and authorizes to xyz for the appointment of the sole
arbitrator when such eventuality arise. Non-payment of liquidated damages or any dues arising out of any
understanding agreed between the parties, including failure to respond to the demand shall be deemed to be
a dispute
Breach of any undertaking or violation of any xyz's policy giving rise to any claim or dispute shall be
resolved only by Arbitration
It is agreed between the parties that any notice, claim or other communication required to be sent by xyz
shall be deemed to be received if it is sent by a registered post acknowledgement/speed post/ courier to the
address herein below of the guarantor and the employee undertakes the responsibility to inform xyz of any
changes in his/her residential address and also the change of address of his/her Guarantor.
Unless otherwise intimated in writing the mailing address for service of notice on the Guarantee shall
be__and once the notice has been
received at the address mentioned herein, the same shall be considered to be received by the Guarantor
The venue of arbitration shall be at Indore (Madhya Pradesh) and the language of proceeding shall be
English. The cost of arbitration shall be borne and paid equally by xyz and the employee/guarantor. The The courts at Indore (M.P.) alone shall have the exclusive jurisdiction to hear matters pertaining to the
arbitration or any matter related to the dispute.
8. There is no contemporary agreement. This agreement can only be modified by another agreement when
executed in writing duly signed by an authorized person of xyz
9. The guarantor represents and confirms that he has read the service agreement executed between the
employee and xyz. The guarantor confirms the contents of the same
IN WITNESS WHERE OF, the parties hereto have executed this Guarantee Agreement as of the date first above
written.arbitrator may conduct the proceedings in the manner he/she considers appropriate and no oral hearing shall
be necessary"
Kindly share what legal action will be taken next if the arbitrator passes the judgemnet in favour of the company.
Kumar Doab
(Expert) 08 April 2017
You have posted that:
“In between i did recieve 2-3 notices stating legal action that will be taken against me.
I had even replied twice stating my reasons”
Consult a very able counsel specializing in such/service matters with all docs on record.
Rajendra K Goyal
(Expert) 11 April 2017
Consult with some senior lawyer expert in such matters.
Agree with the expert Kumar Doab.
Guest
(Expert) 11 April 2017
You have not stated, what was the reason for not attending the hearing with the sole arbitrator.
However, even on the next date of hearing, you can join to participate in the arbitration. If still the sole arbitrator prefers to hold ex parte decision, you can challenge the award of the arbitrator in the HC on merits of the case. It will however be better for you to take an experienced lawyer, who should be well versed with the arbitration law, to help you make your participation effective to avoid any ex-parte award by the arbitrator.
Kumar Doab
(Expert) 11 April 2017
Thanks for agreeing Goyalji.
Kumar Doab
(Expert) 11 April 2017
The general training to handle the counters of employer should ideally be without any cost to employee.
“I had even replied twice stating my reasons””
Consult a very able counsel specializing in such/service matters with all docs on record.
Your very able counsel can help and support you and let you know of merits and to contest and to challenge the award if need be.
In future avoid signing such agreements and build irrefutable evidence while in employment so that it helps you later.
Kumar Doab
(Expert) 11 April 2017
You may go thru:
http://www.lawyersclubindia.com/experts/Regarding-Govt-Job-637686.asp
http://www.lawyersclubindia.com/experts/Resignation-Not-Accepted-By-IT-Company-620921.asp
Hemant Agarwal
(Expert) 21 April 2017
1. You quoted:
"The 2nd one stating that i being a girl working in noida have no issues in working at late hours at night at times as and when required by the company (was mandatory to sign)"
unquote
2. WHEN you mention the words "at times", this does not imply "CONTINUOUS TWO years". AND either can this be forced upon you.
3. Challenge the "arbitrator proceedings" on the above ground.
4. Abandoning the Job, without providing any written reason, would definetly go against you.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
