Employee should always consult elders in the family, competent and experienced well wishers {lawyer/firm in a situation as mentioned by you to understand legal implications and traps} before signing on the dotted line in haste.
Still the question arises why an employee should get subdued and sign the document which can become catch in the neck and entangle the employee in serious issues which could have been avoided by applying presence of mind and some negotiating skills.
In today’s environment employee must develop rapport, goodwill, and exceptional levels of reasoning, persuasion, persistence, negotiation, skills.
The documents/bonds/agreements are crafted by master craftsmen to suit the interest of employer and the personnel in HR/Line management coerce/force/lure the employee to sign on the document without letting the employee understand and consult anyone.
Still there shall always be lacunae to help the employee.
You may show all the bonds, documents, appointment letter, signed by you and give inputs in person to a competent and experienced service lawyer/labor consultant.
Let us assume that your CTC is ……12 Lacs /annum, and you have been given to understand that you shall have to tender payment of Rs.4+5=9 Lacs if you violate the term so bond. It is not clear the period mentioned in also 3+3=6 years.
You have posted that:
--“ i joined as a trainee under a bond of 3 years and 4 lakhs stating that training will be given and after one year confirmation will be provided.” Apparently no training was provided which could have added your qualification or skill for period of 10 months before you agreed to visit for 10 days. Hence company has not incurred any expenses.
The first document signed by you could be a service agreement.
Company shall have to prove that it incurred expense of Rs. 5 Lacs on you and this amount stretched to 3 or 6 years is justified to fetch returns to company.
You shall need to clarify the exposure given to you in US was actually a training or not?
Did the company enroll you in any institution and provided any certification and breakup of expenses incurred on you?
You should collect all data of performance and revenues generated by you for company. You must look for ways and means to transfer, forward, or obtain printouts of all relevant records. Once you are in conflict company shall not let you have any record.
Your lawyer may be in a position to help you wriggle out of situation. You should evaluate all pros and cons before you sign on third bond. Try and peruse with company to let you take soft copy of the bond with you and consult elders in family {do not mention a lawyer}.
In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.
You have posted that “i waited for 7 months before i got my confirmation with very poor hike and they didnt pay any arrears.”
If the employer has not paid any arrears it has become unworthy of being employed with.
Have you submitted any representations to good offices of your appointing authority, MD, Chairman, Company Secretary etc. If is felt that you should and narrate and cover all representations including in person, on phone, by email etc and mention date, name of the officials etc and build some record in your favor with a copy to you. Such email can be sent from personal email id and can be forwarded to personal email id or by letter under proper acknowledgement. Let your elders in the family, competent and experienced well wishers lawyer/firm structure and draft your representations to suit you in the long run. The good offices can waive of notice period/bond/service agreement if they wish. You may try.
If your is a IT/ITES company then please note that some states have granted exemption to such companies from provisions of Industrial Employment Standing Orders Act.
At the same state like Karnataka is contemplating to end the exemptions. SE Act is applicable to such companies.
You may find the attachments useful.
