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I live in India and I have signed a contract of one year with my employer. But now I want to leave my company. However when I sent my resignation email they told me to take legal actions on me.

About the bond:

  • It is written on my company's letter head.
  • It doesn't contain any stamp paper.
  • It doesn't contain any company seal
  • It doesn't mention anything about what actions will be taken, they just wrote "legal actions will be taken" if I break the bond.

Can someone please help me by telling whether this bond is legal or not. What actions will be taken on me. My HR scared me by saying that they wont give me Experience letter and Releasing letter. They also said that no other company will give me a job and I will never be able to go to any other country because my Visa will never get approved.

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    I doubt very seriously that any visa issuing authority cares about beach of contract, if that is even what this would be. You need a lawyer, though. Legal advice in specific cases is off topic here; you will at best get general information about employment and contact law in India.
    – phoog
    Jul 16, 2015 at 19:31

1 Answer 1

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Bonded labor is illegal in India, but enforcement is lax.

Read Right against exploitation in Fundamental rights in India.

The right against exploitation, given in Articles 23 and 24, provides for two provisions, namely the abolition of trafficking in human beings and Begar (forced labour)...


As per law, they cannot make the contract binding if it relates to bonding of the laborer.

But a general contract may stand in court if they have made you sign the contract and paid the duty to government for the contract. This contract will be mild form of Bonds/begar-contracts.


As per the requirements of the contract, usually they will ask you to give them your original documents and degree certificate. Do not do that. That will give them control, and it's illegal.

From personal experience, such companies are phonies and they want to exploit you.


Visa thing is a scare.

As per they wont give me Experience letter and Releasing letter; they might do that, and so you will not be able to show experience.

You can file a lawsuit against them. (But you know it's a waste of time in Indian courts)


As per first three things you mentioned:

  • It is written on my company's letter head.
  • It doesn't contain any stamp paper.
  • It doesn't contain any company seal.

It's not a contract.


Do not provide them your actual signatures. Make a strange signature so that you can later argue that it's not your signature.

But think about the consequences: You are going to that (probably shady) company, do you think they will hold any of their promises later, at all.

Think: Will the company stay in business until your bond is over? Then how will you get an Experience certificate?

That ends the answer.


A few suggestions

I'd suggest finding a different job.
I'd suggest talking to a lawyer. It's cheaper than your life being screwed up.
I'd suggest talking to your family about it.

Nothing written here constitutes legal advice. Talk to a lawyer to get a legal opinion on the matter.

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    Note that while you can keep the disclaimers in if you want, Law has a blanket disclaimer that covers the I Am Not A Lawyer problem.
    – HDE 226868
    Sep 22, 2015 at 0:14
  • Okay. en.wikipedia.org/wiki/IANAL
    – Anubhav
    Sep 22, 2015 at 2:37
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    "Make a strange signature so that you can later argue that it's not your signature." Doesn't sound like a good idea to me. Would you lie in court when asked if you wrote that signature? Sep 24, 2015 at 8:04

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