Advise on Employeement bond.
Hello ALL,
I am working in an organization from almost 4 years now. My employer offers 2 years employment bond to their experienced employees too. I join the organization in March, 2011 as an almost fresher (only 8 month experience). They force 2 years bond on every new employee joining to their organization hence I also signed a bond of 2 years which is served by March, 2013.
They generally do not give much appraised every year however if employee is ready to sign 2 years bond with them. I was planning to stay in Ahmedabad only hence I again sign a bond in March, 2013 for double appraisal which is applicable till March, 2015. It terms 10 salary as an penalty.
Now, I want to leave this organization at any cost due below reasons:
1. Health concerns - They have 3 rotational shifts Morning, Afternoon and Night (I agreed upon during joining) but now I am force me to do Afternoon and Night and not the morning.
2. No PF and saving - Even though they have 180 employees, they don't deduct PF and gratuity.
3. No Opportunity - They told me that once I gain experience I will be eligible of International client implementation. I didn't get any opportunity till now.
4. Company Policy mention many benefit but employees are getting none - No holidays (Indian as well as US) and we are force to work with no benefits, no medical benefit, etc. I have more that 70 leaves but when I ask for leave it is always denied.
5. Some days ago, the Service tax department raid our organization and they are found guilty. No sure how they resolve the case quickly.
Moreover, they also do not give proper appraisal on subsequent years if employee is in bond. I asked them I don't want to continue to this injustice but they told that they will sue me because of the bond if I leave organization.
The bond is on 20 rupees stamp paper which has 4 papers general and 5th having details of penalty of 10 salaries. The cost includes training, foreign trip and cost to find replacement. As I signed this bond with the continuation to my job hence no training was given, no foreign trips as well. I am willing to serve 2 month notice (even if company has 1 month policy) to help them replacement.
As I will serve almost 1.8 months out of 2 years and also ready to pay part payment which is reasonable. Moreover, I will also give 70 leaves away hence the effective bond remaining period is around 2 months only. But employers is not ready.
I want my experience and reliving letter at any cost.
Please advise what can be done legally. Thanks in advance.
Regards,
Ricky