Surety Bond filled by Employee

Aslamoalaikum Dear all,

I was working with my previous employer which restrict us not to leave the company until 2 years are completed whether we have found a better oppurtunity or not. If any employee wishes to leave then has to pay (amount on bond (200k or more)) the company for what he/she has earned by experience.

Such employer threatens by sending the legal notices if one has resigned to switch to a better opportunity than the last employer. Employer also threatens/degrades job/growth by sending letters to the company's HR we have switched to. Turnover against such employer is so high only because it does not provide employee satisfaction at all and employee is degraded all the year by doing other work rather than assigned to the employee as

written on his/her job description. That is the way they have found to put one well educated person onto the brink of his/her career growth as he is a fresh. They exploit the employee on the basis of the bond and threatens if one leaves it such that they take our signs on bond and take a cheque aswell (bounceback if one leaves and put a legal action on it) on the basis of that if wont sign it they wont give us the job (as you already know there are very rare oppurtunities for one to grow in Pakistan). If one finds that oppurtnity and he is threatened to sign a bond in such organizations.

Please Help if any lawyer here.

Also suggest your experiences aswell what if one is in such situation?

Regards,

Simple solution. Make them "fire" you. Dont leave them.

For instance, go to office and play games or just walk around. Or even go to sleep.

Make sure you have a good lawyer at stand by just in case they try to register some police case against you, for instance, by accusing you of stealing something.

As a side note, PM me the title/name of the employer you are talking about (if you feel comfortable).

You signed a legal document. You are bound by it and should have thought about this before you accepted that job. You likely had ample time to research the company reputation before you signed up with them. Work for the two years and then resign like a proper professional person would.

Employees leaving a job for just a couple bucks more elsewhere shows a glaring lack of professional ethics which unfortunately aren't taught properly at educational institutions here. Employing tactics which hawker listed in his post are a disgrace for any proper professional.

You have a right to better opportunities - after you serve 2 years with the current employer per the surety bond.

Just my 2 paisas.

I have a bit of knowledge about law but not an expert.

Since you've signed the agreement, You and the Company are bound by it. So there is nothing you can do. Either you can pay the money and terminate the contract or continue your employment. If you do leave without paying the money to the company, The company can and should sue you for breach of contract.

The only sensible way would be to re-negotiate your agreement and try and leave the company by mutual consent. You can also try what hawker said but again, You would not be performing your duties under the contract and the company would again have the right to sue you for breach of contract.

[quote=“Asad, post:3, topic:16270”]

You signed a legal document. You are bound by it and should have thought about this before you accepted that job. You likely had ample time to research the company reputation before you signed up with them. Work for the two years and then resign like a proper professional person would.

Employees leaving a job for just a couple bucks more elsewhere shows a glaring lack of professional ethics which unfortunately aren’t taught properly at educational institutions here. Employing tactics which hawker listed in his post are a disgrace for any proper professional.

You have a right to better opportunities - after you serve 2 years with the current employer per the surety bond.

Just my 2 paisas.

[/quote]

- YES ASAD you are correct OP signed a contract and he is bound by it. What he mentions above he knew all that before signing the contract and even before starting the first day of job. well thats called ethics.

- Well usually these type of contarcts are signed if someone is working in a field which is highly competitive ie for someone to leave for another company might take current research to other company or may take clients etc. so thats why these type of contracts are signed all over the world, but what OP is talking about even though he signed such a contract but the terms of contract amounts more to slavery.

- Well to be honest looking at from humanity (insaniat) point of view flip side of the coin is, decent jobs which compliments one’s education level and talents are needle in haystack in Pakistan. So for someone to be lucky enough to find a decent job here after searching in average 2 years or so then such a person is already so desperate for job that so just to get a job he/she would sign his/soul to devil and then think about it later, so in third world countries like Pakistan employers exploit employees with contract terms which are nothing more than pure slavery.

- WELL TO THE OP PLEASE WATCH THIS VIDEO BELOW AND JUST CHANGE THE INDIAN CITIES NAME WITH PAKISTANI CITIES AND PAY ATTENTION TO THE GUY IN THE VIDEO WHAT TRUTH HE IS TALKING ABOUT.

^

God bless the canadians, can't wait to get out of this sh*thole.

@OP

K1x1 has a fantastic advice for you. Since you have signed a contract which, pretty much means you have handed over your ass to the employer probably because you were way too desperate for that job at that time OR now you have suddenly been realized that you worth more then the your current employer is paying you for... Of course making such "ONE SIDED" policy on part of an employer in PK is very definition of how things are done in PK but sadly and legally, your bound unless of course you being a "true !@#$', come up with a special plan (hawker and such may be your men) to get out this situation.

But in either case, be sensible and leave this country if you don't want to encounter such contracts in the future.

Its pointless to be on a leash without having a bone of the size of your ego.

and remember, 'signing blindly and then feeling confined' card doesn't always works....... *small world.

Thankyou all for your kind replies,

What i have found until now by the consent of lawyers and a judge, such cases normally go in the favor of employee. While the bond has no value in pakistani labour law. They sent me the legal notice (from their laywer) which mentions only about the cheque and nothing about the bond. They want me to pay against cheque i handed them over with the bond. Employer may get in trouble if they have mentioned the cheque number in the bond (and they did) because one cannot bound and as per Pakistani Law, it is not a criminal activity at all, only cheque is the problem as it got bounced back (as per 2001 law revision: FIR (law value or whtever: 489 F) against bounced cheques on spot due to fraud.

Another point on their bond is that they mentioned that they will provide the training of a course (as they never provided) and they will get money only for that course if one leaves before 2 years.. anyways, a lot of points were discussed by laywer and he said its not a big issue but the worst case can only be you have to pay the money (not full, but of remaining months etc..).

Hawker: plz check your PM.

Thanks again for your suggestions.

I have begun to see a growing trend in the technology sector in particular, where organizations are taking advantage of kids starting out in their first jobs, by having them sign employment bonds. It is completely fair in a scenario where the employer is investing in an employee by paying for a certification/something along those lines where there is a natural return on investment which the employee brings in after completing the training/certification over the course of a year or so. Realistically, such bonds should really only be doled out once there is some ageing in employment itself. Equally important however is an exit clause which should ALWAYS be present - the value of which is usually greater than the tangible amount the company spent in paying for your certification (because if you pay out, the company needs to rehire/reinvest/retrain another person resulting in pushing out project delivery date as an example). Assuming your company has paid for a certification (Six Sigma ftw!) 35-40% or so of the cost should be written off by year 1 with the remaining over year 2 (meaning you pay more if you leave within year 1)

I would urge all readers, especially those getting ready to begin their career, to carefully review any bonds they are offered and think long term. As Asad pointed out, after you sign a legal document, you must honor its terms and conditions, regardless of which country you work in. If you pay your way out of the bond, then any company worth their salt will never hold it against you in terms of verification checks from your new employer. If they do, then you were probably working for the wrong organization.

As someone who has been round the block for a while now, I cannot stress the importance of leaving your employer on a positive note. Resign according to your contractual obligations - you never know, you may end up working for the same company again 5 years from now.