I have gone through the scanned files.
You will need to take the help of a lawyer who knows Pakistani laws on what is the actual method to be followed.
Assuming Pakistan laws are similar to india since we both adopted British jurisprudence, the following points are important :
- rs. 5.5 million is high. The actual training cost can not be that much
- the period 2 years training and 3 years work after that is too long.
- if the company failed to provide proper training and delayed the same for whatever reason, the bond will get invalidated. YOu should be able to give notice of termination.
- the agreement can also be invalidated as being given without application of free mind on account of undue Influency and false promise (of training and work experience)
Generally labour courts will not allow a company to bind an employee to doing work under circumstances that affects the career and future earning potential of the employee. These principal of jurisprudence is the basic of labour protection law as the employee is working always to enhance his own future earnings and also that employee rarely has bargaining power.
You need to find another job quickly. Thereafter, give notice of termination of the bond and resignation. But have a lawyer prepare a strong termination notice. If you have given a cheque to them, ask the bank to cancel that cheque (stop payment order)
From India, Mumbai
2358You will need to take the help of a lawyer who knows Pakistani laws on what is the actual method to be followed.
Assuming Pakistan laws are similar to india since we both adopted British jurisprudence, the following points are important :
- rs. 5.5 million is high. The actual training cost can not be that much
- the period 2 years training and 3 years work after that is too long.
- if the company failed to provide proper training and delayed the same for whatever reason, the bond will get invalidated. YOu should be able to give notice of termination.
- the agreement can also be invalidated as being given without application of free mind on account of undue Influency and false promise (of training and work experience)
Generally labour courts will not allow a company to bind an employee to doing work under circumstances that affects the career and future earning potential of the employee. These principal of jurisprudence is the basic of labour protection law as the employee is working always to enhance his own future earnings and also that employee rarely has bargaining power.
You need to find another job quickly. Thereafter, give notice of termination of the bond and resignation. But have a lawyer prepare a strong termination notice. If you have given a cheque to them, ask the bank to cancel that cheque (stop payment order)
From India, Mumbai
After going through the indemnity bond, and considering the Contract Act is similar to what we have here in India, there are judgements passed by our Supreme Court that one sided unreasonable contract / bond like this is not sustainable and in violation of the Contract Act. The bond is illegal if it was under Indian laws. The bonded duration of work and the liquidated damages are excessive and on the other hand the company cannot just recover the money from you just because it is accepted under the bond and that the company needs to justify how and why it is entitled to the said amount before the court. Further the contract / bond is completely one sided, ambiguous and has no reciprocal clauses towards specific performance of contract. You will need to do your research on such judgements and I am sure you will have many there as well, and then take an informed decision after consulting the Lawyer at your place.
From India, Chennai
From India, Chennai
Dear All
I fully agree with the opinion given by Employment Lawyer.
In fact, I have held this view earlier as reflected in my earlier post.
Such one-sided agreements (bonds), with no quid-pro-quo are purely intimidatory in nature; and would not find favour in any court of justice.
Moreover, in these days of "hire and fire", as conscientious HRs we should discourage such bonds, which are exploitative in nature.
Warm regards.
From India, Delhi
I fully agree with the opinion given by Employment Lawyer.
In fact, I have held this view earlier as reflected in my earlier post.
Such one-sided agreements (bonds), with no quid-pro-quo are purely intimidatory in nature; and would not find favour in any court of justice.
Moreover, in these days of "hire and fire", as conscientious HRs we should discourage such bonds, which are exploitative in nature.
Warm regards.
From India, Delhi
Thank you so much for your valuable comments. Let me try to explain this complete story of my agreement and work thereafter with this company.
We had been told that we need to work for the company for a period of three years after getting training, which we hadn't bothered initially as they promised us that the training will have great development and full international exposure and that we will be continuously working on to different projects that benefits both the company and us. At the time of signing this agreement, we raised our concerns such as on the excessive amount mentioned in the contract and that of "company reserve the rights to terminate training and the loss in this case has to been compensated by us", but the company told that this is just the formality to let our training approved from the higher management. After nine months (this was only sitting time) of signing this agreement we were sent for the training, the cost of which as they told us was around 21000Euro, and four months after this training I am appointed for a different task "HSE Manager" (this task was critical and I have no experience in this and this is also nothing to do with my agreement or my job, they had to hire an expat for it and they instead selected me to save huge cost that could have incurred). I diligently worked and successfully completed it not to mention that I have no prior experience. After five months of this task they sent us to a project-duration of only two weeks. And now it's been six months again, we are sitting idle hoping for any new project to come.
The point here is the period between training and project was just spent sitting idle doing nothing and this has greatly diminished my potential development that I could have attained even in an average opportunity. The worse is when I expressed this concern to my manager, he simply refused it as being over-demanding and unreasonable and repeatedly doing this, he had even pressed on me and getting in to an egoistic mode now.
I have now a new opportunity and I really like to take this head on and I am worried about this agreement.
Thanks for your comments again, I explained the above situation so that in view of this you are now able to better advise me.
From Pakistan, Karachi
We had been told that we need to work for the company for a period of three years after getting training, which we hadn't bothered initially as they promised us that the training will have great development and full international exposure and that we will be continuously working on to different projects that benefits both the company and us. At the time of signing this agreement, we raised our concerns such as on the excessive amount mentioned in the contract and that of "company reserve the rights to terminate training and the loss in this case has to been compensated by us", but the company told that this is just the formality to let our training approved from the higher management. After nine months (this was only sitting time) of signing this agreement we were sent for the training, the cost of which as they told us was around 21000Euro, and four months after this training I am appointed for a different task "HSE Manager" (this task was critical and I have no experience in this and this is also nothing to do with my agreement or my job, they had to hire an expat for it and they instead selected me to save huge cost that could have incurred). I diligently worked and successfully completed it not to mention that I have no prior experience. After five months of this task they sent us to a project-duration of only two weeks. And now it's been six months again, we are sitting idle hoping for any new project to come.
The point here is the period between training and project was just spent sitting idle doing nothing and this has greatly diminished my potential development that I could have attained even in an average opportunity. The worse is when I expressed this concern to my manager, he simply refused it as being over-demanding and unreasonable and repeatedly doing this, he had even pressed on me and getting in to an egoistic mode now.
I have now a new opportunity and I really like to take this head on and I am worried about this agreement.
Thanks for your comments again, I explained the above situation so that in view of this you are now able to better advise me.
From Pakistan, Karachi
I think my comments still hold true after your clarification.
I would suggest you also make the matter clear to your prospective employer and take his consent. It should not be that you are terminated later on account of having suppressed details of this incident.
I think you can safely break the bond
Have the bank put a stop payment on your cheque given to the company
Give a legal notice to the company
Speak to a lawyer first as this could get ugly
From India, Mumbai
I would suggest you also make the matter clear to your prospective employer and take his consent. It should not be that you are terminated later on account of having suppressed details of this incident.
I think you can safely break the bond
Have the bank put a stop payment on your cheque given to the company
Give a legal notice to the company
Speak to a lawyer first as this could get ugly
From India, Mumbai
I haven't heard about any training that cost PAKISTAN RUPEES 55,00,000 or 5,500,000 covered in 2years. I don't think so company might have hired you alone for this kind of training. Let me know if anyone else is getting trained along with you.
The point to be noted is that, as per your bond training is scheduled for 2years or less but, it had crossed its scheduled duration. By the end of the two years post training, you were suppose to be periodically assessed and evaluated while you were given as task to perform. If this is not happening, as per your bond, you do have right to initiate primary talks with your HR to understand the legal issues from the company point of view. If you find something fishhy, you must consult legal consultant(lawer).
Nothing can be ONE SIDED and companies have no right to take undue advantage of their employees by signing such bonds. Every problem has a solution. All you need to perceive it in the right sense by applying logic and do consult legal experts before you take any decision.
With profound regards
From India, Chennai
The point to be noted is that, as per your bond training is scheduled for 2years or less but, it had crossed its scheduled duration. By the end of the two years post training, you were suppose to be periodically assessed and evaluated while you were given as task to perform. If this is not happening, as per your bond, you do have right to initiate primary talks with your HR to understand the legal issues from the company point of view. If you find something fishhy, you must consult legal consultant(lawer).
Nothing can be ONE SIDED and companies have no right to take undue advantage of their employees by signing such bonds. Every problem has a solution. All you need to perceive it in the right sense by applying logic and do consult legal experts before you take any decision.
With profound regards
From India, Chennai
Abdul Khadir, that is true we are 25 person signing the same bond and most of them are really unhappy about this. It is also true that two years have been lapsed now and my training isn't finished yet but if you see in the agreement the company has used the term "be it more or less" to keep them safe.
From Pakistan, Karachi
From Pakistan, Karachi
Dear Muddasir.masood, Assalaamu Alaikum w/r w/b,
Let me quote in this way. I am sure only a TRUE MUSLIM PRACTING ISLAM can understand my views.
If you are a true believer of ALLAH (swt), had surrendered your will to ALLAH (swt), If you are a muslim by practicing islaam, if you truly beleive whatever is happening is according to his(Allah swt) will and wish, then, you pray 2 RAKATH NAFIL and seek his guidance and help. I am sure based on your GOOD DEED(AAMAAL), you will receive his guidance and no-doubt it. Its all associate with your E-MAAN and YAKEEN(BELIEF).
If you are honest, sincere and loyal personality, you must thank ALLAH (swt) for everything as he blessed you with bread and butter till date through(zaria) your current company. You were still paid when you had no work to do. Ups and downs are part of our life and we must experience happiness and sorrow to understand the ground reality.
If you want to live a peaceful life, please do not COMPLAIN, CRITICISE and COMPARE. If your friends are doing good or earning good, that means whatever is written in their fate, they are receiving it and you will receive whatever is written in your fate. If you run after the success which is not written in your fate, you will face defeat and will lose whatever you are blessed with. Henceforth, respect and value your current status.
You need to justify with yourself and your employer for whatsoever knowledge you had acquired through them and whatsoever good things happend till date. Think practically about the loss you had incurred through your current employer. If you think you had incurred loss, please submit your resignation and state all valid reasons for breaking your indemnity bond. By the grace of ALLAH (swt) grab the opportunity you have in your hand. If it is in your fate, it will be yours and your employer will relieve you. Don't forget to have open discussion with your future employer about your current scenario.
Learn to secure from ALLAH swt through your prayers and good deeds.
Hope you understood my message.
JAZAKALLAH KHAIR
From India, Chennai
Let me quote in this way. I am sure only a TRUE MUSLIM PRACTING ISLAM can understand my views.
If you are a true believer of ALLAH (swt), had surrendered your will to ALLAH (swt), If you are a muslim by practicing islaam, if you truly beleive whatever is happening is according to his(Allah swt) will and wish, then, you pray 2 RAKATH NAFIL and seek his guidance and help. I am sure based on your GOOD DEED(AAMAAL), you will receive his guidance and no-doubt it. Its all associate with your E-MAAN and YAKEEN(BELIEF).
If you are honest, sincere and loyal personality, you must thank ALLAH (swt) for everything as he blessed you with bread and butter till date through(zaria) your current company. You were still paid when you had no work to do. Ups and downs are part of our life and we must experience happiness and sorrow to understand the ground reality.
If you want to live a peaceful life, please do not COMPLAIN, CRITICISE and COMPARE. If your friends are doing good or earning good, that means whatever is written in their fate, they are receiving it and you will receive whatever is written in your fate. If you run after the success which is not written in your fate, you will face defeat and will lose whatever you are blessed with. Henceforth, respect and value your current status.
You need to justify with yourself and your employer for whatsoever knowledge you had acquired through them and whatsoever good things happend till date. Think practically about the loss you had incurred through your current employer. If you think you had incurred loss, please submit your resignation and state all valid reasons for breaking your indemnity bond. By the grace of ALLAH (swt) grab the opportunity you have in your hand. If it is in your fate, it will be yours and your employer will relieve you. Don't forget to have open discussion with your future employer about your current scenario.
Learn to secure from ALLAH swt through your prayers and good deeds.
Hope you understood my message.
JAZAKALLAH KHAIR
From India, Chennai
Dear Muddasir,
As advised by Raj Kumar Hansdah, this bond is junk, carry no legal tender. Write to your management to free you of bond as they fail to provide you with training. You will get NO response. You may break the terms of bond after reasonable period of time as you think fit.
Incidentally many of bonds are just junk. They are mostly relevant to the extent that IP of the company is concerned and in some cases joining competition. For the rest bonds are just scarecrow. have fun and stop worrying.
From India, Chandigarh
As advised by Raj Kumar Hansdah, this bond is junk, carry no legal tender. Write to your management to free you of bond as they fail to provide you with training. You will get NO response. You may break the terms of bond after reasonable period of time as you think fit.
Incidentally many of bonds are just junk. They are mostly relevant to the extent that IP of the company is concerned and in some cases joining competition. For the rest bonds are just scarecrow. have fun and stop worrying.
From India, Chandigarh
Well, the term be it more or less is to be seen in the light of the entire document.
It is not a condition that can be used to make the employee a bonded slave (albit paid one) of the employee. (Assuming pakistani courts follow the same jurisprudence as indian courts), It is most likely that the courts will read the line in a very narrow meaning :
if the training is taking longer than originally intended because the understanding levels are at lower levels, than the period is extended. Where the course is completed much sooner then the period gets reduced and the next period of 3 years starts immediately thereafter.
However, it needs to be for conditions beyond the control of the company and within reasonable period. Failure to get projects to work on and complete certification is not a scenario that can be used to extend the training period. It should have been taken into account in the planning and it is the domain expertise that the company should have had in the first place. Further in this case, the reasonableness seem to have long expired.
From India, Mumbai
It is not a condition that can be used to make the employee a bonded slave (albit paid one) of the employee. (Assuming pakistani courts follow the same jurisprudence as indian courts), It is most likely that the courts will read the line in a very narrow meaning :
if the training is taking longer than originally intended because the understanding levels are at lower levels, than the period is extended. Where the course is completed much sooner then the period gets reduced and the next period of 3 years starts immediately thereafter.
However, it needs to be for conditions beyond the control of the company and within reasonable period. Failure to get projects to work on and complete certification is not a scenario that can be used to extend the training period. It should have been taken into account in the planning and it is the domain expertise that the company should have had in the first place. Further in this case, the reasonableness seem to have long expired.
From India, Mumbai
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Indemnity Bond - Format.doc