• Break Employment bond

Hi,

This is a continuation thread of https://www.kaanoon.com/11635/break-employment-bond .

On 18th of December I went to my office and informed my manager that I could not write 2 exams due to my family issues (Mainly due to debt problem for my parents).After two days , my manager informed me that whether you would like to continue or not and also he said if you would like to continue we can talk with HR regarding giving you another change and if you dont want to continue we will terminate you.So , I informed my manager that i need some time to discuss with my parents.

On December 26th , I went to my manager and informed him that i would like to go due to family issues . But he said I will discuss with HR and decide the notice period.

My question here is :
1. He said that they will terminate me , then why should i have the notice period in place?

2. Also , my name was there in all the shifts till Feb 2nd week 2015 . What should i do now ?

3. Most of my co-workers said me that since i worked well , they are not in position to leave me.Since i have arrears , managers said me that i cant work according to company rules.So, shall i just put a resignation paper and say since i have my personal problems and arrears i am leaving the company the next day?Is it possible?If yes, how to get my 10th and 12thcertificates with the company.

Also , I dont want any relieving letter from the company
Asked 2 years ago in Labour from Chennai, Tamil Nadu
Hi,
1.  if the company terminates you that is good as they have to pay you one month salary on termination.If they terminate you no need of  a resignation and notice period. So find out whether you are still on the roll. I suggest that it is better you sign your resignation , and ask them to settle your salary arrears due and other benefits.

2. While writing the resignation , you need to mention that your certificate s are with the company and demand to  return them immediately. 
3. If you do not get your certificate or they do not reply to you  a date when you can collect your certificate in 7 days time please send them a legal notice  for detaining your certificate. 
4. First you send your resignation, via email as well as in writing, the post should a registered with acknowledgement , so that you will come to know that if they accepted.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
Hello,
1) If they terminate you as the manager informed with immediate effect the company will be liable to pay you a month's salary in lieu of a mandatory notice.And if they are terminating you there is no question of  notice period arising .
2) The fact that you are scheduled to work till the second week of Feb 5015 suggests that you are still on the company rolls. It is also likely that the department that rolls out the schedule was not updated with the developments . It is advisable that you find out the status of your employment before you take further steps.If you have not  been terminated do go ahead and submit your resignation.
3) Once you have made up your mind to resign, no one has authority to stop you. The company has no right to retain your 10th and 12th certificates unauthorisedly once you resign.In your letter of resignation make a clear demand for the return of the certificates and to settle your account.Allow a maximum of two weeks for the request to be complied with by the company failing which engage a lawyer and send a legal notice to the company.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. He said that they will terminate you. On what ground should the Company terminate you? Is it for not clearing the examination? If that is so, then why did the company signed Bond from you for resigning and keep your certificates as security?

2. What was mentioned in the appointment letter? You shall have to abide by the terms of employment agreement you have signed with the company or the terms of your appointment letter,

3. Keep in mind that you have signed a Bond for paying a huge sum of money for premature resignation,

4. Ask the Company to terminate the employment conntract if clearing the exem was part of the contract,

5. Otherwise you shall have to resign and in such case show health ground for resignation since payment as per bond can not be demanded if working environment does not suit your health and you are forced to resign on health ground.

6. You can apply for duplicate copies of your certificatesin case the company refuse to return you the same after you resign from their services.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Hi,
If you write to them that you have not cleared arrears and request them to terminate you on this ground, they are not going to do that.
2. so put in your resignation sighting that you need to complete the studies and clear the arrears, which was not possible  due to family reasons and personal reasons, hence you are resigning. 
2. The bond signed for the three months notice period is  not going to be an issue at all, as the company is not going to go to court .As the terms of the bond and detaining your certificate are unreasonable and against the fair labour policies.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
1. I am not agreeable to what the HR manager or your co-workers say verbally. rather I would like to depend on what has been mentioned in your employment contract, if any or your appointment letter,

2. Since you have signed the bond, you will be at risk for paying the said amount if you do not comply with the terms of your employment agreement,

3. It is strange that the Company employed you though you have not cleared all your papers. Based on your appointment, bond etc., I do not expect your company to release you or terminate you,

4. Showing family reason for resignation will not be accepted by the Company or Court,

5. It will be clever move on your part to resign on health ground showing that your work place environment does not suit your health for which you are resigning. It implies that you can not work there on health ground,

6. Arrange for medical certificate to this effect before hand.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Hello,
1) Your not clearing the exams and a termination on that count is the option aba available to the company and not you . As the company employed you without creating all the papers may choose to allow you to continue and allow you a further chance to clear as it is in their interest.
2) Whatever reasons you state for tendering your resignation it won't make any difference as far as the compliance of bond is concerned. In my opinion you must state the right reasons for resigning.
3) Alternately you need to serve 3 month's notice and resign. The company can not take the stand you can not take this or else the company will be compelled to terminate you by their own clause of termination.
4) Don't worry as to what will happen if you make an on the spot resignation. At the most they can refuse to provide you with a relieving letter. Know that you have legal remedies to reclaim your certificates.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0

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