sujeet kumar 07 November 2015

Is training bond applicable withoug getting signature too

Hi All,

I would like to get a valuable advise from experts on training bond. I had joined a MNC in Bangalore on 11-May-2105. i was told that i will have to sign a bond on date of joining and i agreed on that. When we joined the training bond was not given to me for signing and on first week of June 2015, company declared that they are not going to have bond applicable to experienced staffs and my job position also falled in that category. The company did not keep their promises and differentiated in facilities between two locations where it operated. Due to poor work culture and not keeping the promises during the hiring process i decided to quit.

All of a sudden company came back on month of oct last week and said the bond is applicable to me. I got fully got annoyed due to frequent change in policies and worrying my career in this company due to poor work culture i resigned on 30-oct-2015. Now company is coming back and telling ,"since you have given your consent that you will be signing the bond , so even if you have not signed the bond it will still be applicable to you and you will have to pay the dues".

I have never seen their bond, nor they have shown for five months and after resignation how can be i liable to a bond amount that for an unseen and unsigned document. There are warnings that my exit will not be smooth. Going through a great mental trauma. Don't we have rule to support employees from armtwisting by employer. I did not have any problem if it was given to me on the date of joining and if properly explained. Since i have not seen the bond i am totally unaware of the bond amount. Can a employer force employee like that?

Please give an advise if company forces me to pay the money, terminate me due to this or does not provide me with releiving letter. I have left the company without having a job in hand which is not an ideal thing but i have left because of bad culture. I am trying for job which i will get because of my expertise, however without releivng letter or termination if they are thinking on that line will jeopardise my career.there as nothing on offer letter. Please suggest.

Warm Regards,

Sujeet

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3 Replies

Kumar Doab (FIN) 07 November 2015

Don't say/write anytime,anywhere that you agreed to sign some Bond that was to be in lieu of some training and add that NO certified training was ever provided to you.

Rather mention that after you have submitted a resignation due to............................(you have the option of mentioning everything that you have posted) ............................Mr/Ms...................designation..................have started tormenting that Bond is applicable and you have to pay liquidated damages for the Bond that was never produced,shown to you and signed by you.............................and you have been threatened on dated..........................that your exit will be full of troubles created by the company.

You have a good case and at the same time it is certain that you shall be troubled.

Hence consult elders in the family/well wishers/employee's-tradeunion leaders/labor Law Consultant and draft each communication carefully and submit to good offices of appointing authority,MD etc under proper acknowledgment.

Record each meeting/transaction/call.

sujeet kumar 08 November 2015

Thanks a lot for your reply, however i would like to mention that we have already accepted in our one mail that we agreed during interview that we will be signing a bond. It was not produced any time before or after my resignation and we have not signed it too. when i had resigned i was in probation and still i am in probation.

If you can please put some light on what kind of trouble they can make or in case if i get a job , should i pay them knowing very well that i have not signed the bond and i have not seen that so i am not sure how is much is the money.

Like me there are other colleagues too having similar situation. Company had already announced that they have removed the bond in the month of june, now they are telling it is applicable for the people who joined before August 2015, however this was never told to us. Now they have shown a presentation where in one sentence " Pilot Project from Aug 2015 for 9 month". Now this never tells that people from Aug2015 should abide by the bond. It is very unclear and we really doubt that we have seen this before during the presentation. But company is telling that this means that people who joined before August should sing the bond and people who joined after Augus 2015 may not sign the bond.

Warm Regards,

Sujeet

Kumar Doab (FIN) 09 November 2015

Last reply.

NO Bond was shown to you for contemplating on it and no one was signed by you and hence nothing is applicable in your case. The company is exerting since it feels it can subdue the ill informed employees including you without the need for approaching a court of law. The Bond was to be created in lieu of what? If the company has provided any certified training that adds some meaningful qualification then it may not succeed in its claim. Bondage has already been abolished. If you are unable to handle on your own lean on your employee's/trade union leaders and an able labor law consultant.