Legal Question in Employment Law in India

Sir/Ma'am,

I am a Associate System Engineer in India. I signed a bond of Rs 1 Lakh i.e. I will have to pay this amount in case I leave before completing 1 year. They gave a training also which I dont think is worth 1 lakh. They assigned me to a project which not at all suits my qualification and I want to switch. My future employer doesn't want any releasing letter. I have a notice period of 1 month. I want to leave my present company, will I have to pay the bond ?


Asked on 8/20/13, 11:44 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.08.2013

Dear Sir / Madam,

Bonded labour of any form or nature is draconian, illegal and a criminal offence rendering the accused guilty liable to simple imprisonment of 3 years. Besides not wanting any relieving letter from your present employers, you should also get your next employer to agree to them paying up this bond amount if the need arises, and if they need you to join them instantly. Or you should ensure that the package you negotiate with the new employer adequately covers up the bond amount and you recover it within 3 months of your joining the new Company. If you are safely covered in terms of what I have advised, take the Offer & Appointment Letter from your new employer and resign from you present employer, with a request asking them to waive the performance bond amount.

Regards,

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Answered on 8/20/13, 10:27 pm


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