Saw this post on reddit,couldn't see any legit advice .what do you guys think should be done?
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?
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
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:
- Cheque - talk to your bank relationship manager and take their advice
- 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.
- 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.
Damn that's a tough situation.
What would you have done?
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
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.
Checkout LLA on YouTube. They also have legal team to help you.
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