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Suggestion for breaching a bond contract of 2 years? - CiteHR

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Anonymous
12

Hello All,
One of my friend is having experience of 5 years in HR and working in IT company since last 8 months. He is in bond of 2 years which is monetary. Throughout his experience in an organization, he came to know that his manager is very rude and he is micro-managing things, salary and appraisal are not on time. there is always a clash in hiring (Technical person will ask for different requirement on which HR manager will not be agreed). There is unnecessary way of blaming on him from his HR manager even though he did what he was asked to do. His manager has irrelevant experience of 25+ years into marketing and not HR. He is very orthodox and does not accept change in an organization. In each meeting, he is only asked to think rational, from business and revenue point only.
Even when he is assigned a new requirement for hiring, irrespective of experience and positions, he is being asked to closed vacancy in 3 weeks. and his manager also sends official mail to him with "opening date" and "closing date". failing to do so, will affect his appraisal.
He is now planning to breach a contract of 2 years (he is okay if he does not get experience letter from this company) because he is not getting growth. Other HR related work is done by another non-HR person, saying it is clerical work. So basically he is doing only recruitment.
So he is just waiting for a day to keep resign and do not serve the notice period as well (Notice period is 3 months and a company harass a lot if you resign in a bond period)
Kindly guide what to do in this situation.

From India, Pune
consultme
192

Bond has nothing to do with prevailing labour laws and is basically a contract between an individual and the employer. So breach of a contract can lead to breach of trust and loss of money.
Secondly being in HR, for whatever reason, it is going to be very complicated for your friend to justify the reason for not serving notice period and not producing experience letter.
My recommendation is talk to the Manager and sort it out (if it works, 50:50 chance is there, right?).
Suggest to be prepared and then talk to the boss. In case of lack of chemistry, seek his permission to leave the job on proper channel.
Please do update your friend's experience after talking to his boss

From India, Bangalore
Anonymous
12

Thanks for the right feedback.
Talking to the manager is not worth in this case, because in the organization, whosoever tried to leave in agreement, had to pay bond money and serving 3 to 4 months of notice period. So it will lead to loss of money and loss of job opportunity as well.
Apart, a manager harasses an employee while in notice period.

From India, Pune
Aniket Pathak
94

Dear Anonymous,
Whatever you said about his manager, I felt you wrote about my manager. They might all be same when it comes to subordinate. Its good that your friend have a guarantee of getting good manager in the next company unlike this one. as the contract is monetary and your friend does not need relieving & exp doc. He is good to go ask him to put the resignation and move on then.

From India, Pune
consultme
192

I can understand your friend's situation.
However your friend is an HR Professional and some of the competencies organizations seek from a HR folk is ability to communicate, convince, sell ideas, negotiate,manage situations, and a good attitude. People would look at problem solving capabilities. So if he leave without proper notice and fulfilling conditions, there is a good chance to get branded as 'Escaptist'.
I do agree that chasing mere numbers alone is not going to make any job interesting. Also he has all rights to leave the job. At the same time, like when we buy a product or service, we have to respect the SOP.
Experienced people like him ( that too in HR) should never agree for Bond, next time.

From India, Bangalore
Anonymous
12

Thanks for the suggestion Aniket. Will surely convey your message.
From India, Pune
Anonymous
12

Dear Consultme,
Thanks for your input. He tried his best to talk to manager with related problems, but even old employees said him that there is no option than to accept it. even he being HR, can not change things as his head is always against it.
His manager feels that having experience in HR, he should focus onlt on talent acquisition and not other clerical work.
Though his designation is "Manager HR", he has been assigned with task of talent acquisition only. And same was not clarified while giving offer though it was asked.
things (role) changed when he joined. So he does not have any single positive thing in an organization, when he can capable to continue until contact gets over. So finally he took this decision.
He just wants to make sure that things do not get legal.

From India, Pune
Bharat Gera
223

Dear Anonymous,
You can not get 'Boss' & 'Father of your choice as you have no say in the matter.
Talent Acquisition is also an HR job & good one. Because your boss is giving you time bound delivery schedule, there is nothing wrong in it and it is his job to get the team to deliver the results. Possibly his behaviour is the issue.
You said about 'Growth", only 8 months you have worked and you talk about growth, have you joined them without any growth above your previous company's CTC.
Since you are not able to convince your boss and not able to get your way, you wish to quit (that is your decision) as HR professional I find it as a defeatist approach.
Please do not go by others speak about your boss. Handle him as there is no human being who can not be handled. Please study him, know him and handle him.
Regarding bond, please share the copy of the bond to opine on that. It is surprising that being in HR and knowing about the bond you are worried.
I will advise you against leaving, in case you join some where else and the verification happens, where will you stand?
What is the guarantee that you will not get a good boss in your new assignment, risk is always there.
Warm Regards
Bharat Gera
HR Consultants

From India, Thane
Anonymous
12

Hi Bharat,
Yes I agree with the same. But when you gain experience, 8 months are enough to know what a company can do for your future, specially when you have good experience in past with various companies, when you know that what are your skills, and if company fails to utilize it, it is mistake of a company.
Same thing is happening with his colleague, he also tried to convey a message to his boss, and to the worse, he did not get appraisal because he asked for role he wanted to do and not his boss.
I believe that where there is toxic leadership, we do not survive.
We being HR, hire and judge people on basis of 1 hour of interview. Then 8 months are enough to know a company.
There is no meaning to survive in a company where you are not getting your role. It is waste for your career.
As far as cross verification is concerned, I believe that when hunting for new job, it is better to accept a job by telling them a fact. If you truly have skills, company hires you.
It is not that always an employee is wrong, sometimes a company is wrong as well. It is appreciated if people starts accepting this fact. Rather than being judgmental for an employee.

From India, Pune
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