Saw this post on reddit,couldn't see any legit advice .what do you guys think should be done?
A cheque expires in 3 months. If they have your signed cheque, it's most likely void by now, unless you've given them a post dated one.
BlueLeave
Stealth
a year ago
What if it is an undated one?
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These kind of clauses are not enforceable in court. Also, about the notice period, what would they do if you stop showing up to office one day? Come to your house and make you work?
That's true bit they could not give you the experience letter/proof of work ..which may cause problems in future
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Idk why people are so regarded, legit many people have some slave mentality
Here’s some legal advice (information) for anyone that needs it: slavery is fucking illegal
Just show up on time and leave on time as per the designated official office work hours; that’s it. Refuse to work a minute more (unless you want to). If they fire then let them fire, that’s on them; no company can sue you or claim money from you for being a bad employee
Grub96
Student
a year ago
I've heard that they can mess up the background check done in the next company. Giving bad recommendation, or giving no experience letter etc.
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Employment laws are pretty fucked and slow af in India afaik. His best chance is to pay the bond and resign and look out for jobs after the job market gets better or he could tank the 3 years and destroy his mental and physical health and exhaust himself
OP has three problems to deal with:
1. Cheque - talk to your bank relationship manager and take their advice
2. Service letter - I'm assuming this is the biggest concern of OP. I was also in the same boat a few years ago. Download payslips for all the months you have worked. This should suffice as proof of experience, you can also top it up with your tax/ITR filing data in case a potential future employer asks.
3. Legal - No company has enough time to take you to court over this, even if they do it, these bonded labour contracts don't mean shit in court.
Hope this helps.
Checkout LLA on YouTube. They also have legal team to help you.
https://youtu.be/Apcz-7hPoTw
President_Trump
Stealth
a year ago
Say it man!
TiredFold30
Stealth
a year ago
Pleaze name and shame
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Bonded labour is illegal in India. But the law says, expenses incurred on training on an employee can be taken from the employees before the expiry of the bond period. There is a grey area there which companies try to enforce. Though many small companies do not pursue legally, big companies do send a notice. Wipro, musigma are well known.
He could have left the company but he gave signed cheque which is a problem. As it will bounce and the employer can file a police complaint if they want and it is a non bailable offence. Better to complete 1 year unless he wants to fight on legally. His CIBIL will also get hit due to a cheque bounce.
I also have a friend with same situation and I’d suggest his solution also
I think you also know easiest solution is to wait and complete three years and meanwhile you can of course try switching and if a company is ready to give you a good hike you can always do math and resign by paying bond
But the point is not to burn any bridges or doing something which may bite you in future
Not sure really. Never been in a situation of bond period. It's not something they will take you to courts for(companies lose out on far more things than this 5L), but they may not give you Full and final settlement once you leave unless you paid.
You can check for someone who replies here with legal advice on what you can do.
If I was damn good, I would've resigned(assuming market is in my favour) and in notice period, applied and gotten somewhere else(as time until last notice date reduces number of companies ready to take you increases). Some companies might be willing to pay the bond money as well
Best thing to do as per me is get in touch with your Company Alumnus on LinkedIn and take their suggestions on how they dealt with such situations who wanted to leave early
You signed the bond, you follow the commitment. 3 years is not a long period. But fighting the bond will be ugly and you will regreat it.
Bhai hacky solution jis bank ka cheque hai uska bank account bandh karde . And move the cash to a different bank account.problem solved
No bond is valid in court just resign and let them cheque an empty bank account
Just change the company and their laws are irrelevant in court. India me livelihood se bda koi law nhi h
CodeMonk
Stealth
a year ago
dont work. delay the deadlines to an extent that everyone get mad. move nothing.. be still like water. listen and ignore. say nothing. enjoy your life with their money and prepare for tge interviews. take the chance of first saying your np is 60 days and negotiable.
Authentic legal advisor video on this topic. Please watch it
https://youtu.be/BOJwEqgMxnc
If they have spent money worth 5 lakhs in your training then you need to pay, else don't pay
https://youtube.com/shorts/wMa_BSdMSTw?feature=share
Check this short for more details
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