• Breaching employment agreement

I have worked with a nationalised bank for 1 year but I had an agreement of 2 years to be with them. Due to my personal problems I couldn’t continue working with them. And I decided not to join back because of my personal reasons. Ive not joined any organisation either. I went back to my home town and trying out some business but it failed. Now they are trying to contact me to either join the organisation or pay the bond amount of Rs.3L otherwise legal actions will be taken on me. 
Am in a situation where I cannot join the organisation nor pay the amount. Am neck deep in financial probs. Will I be legally sued in this case. 
Am I really liable to pay for them? Ive served that organisation for 1 year for which I’ve taken salary. Now that they are trying to take legal action on me. 
Am having a very good record with them. They wanted me to join the organisation. But My questions is:
1. Am I really liable to pay them? Ive not taken any money from them. I understand that I’ve made an agreement with them but I was not in a position to earn for myself. 
2. If the settlement process with bank doesn’t go well then if the issue is taken to court, Is ther any possibility to defend myself?
3. Am I really guilty of committing a mistake in this case. For which there is no loss done to the counter party?
4. Will this case be taken equivalent to a person taking loan/ borrowing money from others and not paying?

Is it moral responsibility to bind to this agreement or legal issue?


Please clear my doubts.
Asked 7 years ago in Labour

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10 Answers

When you joined the Company you signed the contract which is the bond. If you are leaving the company then there violation of the Contract from your end. The Violations and it's effects will be stated in the Contract itself. Even if you escape without informing the Company, Company may withhold your Relieving Certificate or Order that could jeopardise your future employment prospects

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

It is not a criminal case. So it is not same as taking loan etc.

Without seeing the contract, noting much can be told.

Also, one way out is showing that you are medically unwell and undergoing a medical treatment.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

1) Once you have signed bond means you have to obey all terms and conditions of it.

 

2) Either you complete the bond period or pay them amount as per bond.

 

3) Yes, bank can sue you regarding this agreement.

 

4) You are liable to them and complete the period.

 

5) Only on medical ground they can come to settlement with you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Under the Indian Law, the employment agreements with negative covenants is valid and legally enforceable if the parties agree with their free consent i.e. without fraud, coercion, undue influence, mistake and misrepresentation. ... Indian law mandates the employment bonds to be “reasonable” in order to be valid.

Though the bond, that any organization signs with an employee stands null and void as per the Constitution of India but employer may initiate action against you for recovery and till judicial verdict is in your favor, the  bond conditions are applicable. 

the Madras High Court in Toshnial Brothers (Pvt) Ltd v E Eswarprasad & Ors held that the existence of a legal injury accruing as a consequence of breach is a pre-requisite for claiming liquidated damages in accordance with section 74 of the Indian Contract Act, 1872.  In other words, the employer must show a legal injury automatically resulting from the breach of the commitment to serve for a minimum period.According to the Court, a presumption of legal injury arises incases“where the employer or the management concerned was shown to have either incurred any expenditure or involved itself into financial commitments to either give any special training either within the country or abroad or in having conferred any special benefit or favour to the detriment of the claimant in favour of the violator involving monetary commitments.” The inevitable conclusion from the foregoing decision is that the employer must prove that the employee was the beneficiary of special favour or training or concession at the expense of the employer. Otherwise, actual injury accruing as a result of the breach would have to be proved.

 

Thus you may wait for the employer to initiate legal steps in this regard which can be challenged on the basis of their claim for this.

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

you would be liable to pay bond amount as you have failed to serve bank for period of 2 years 

 

2) you have to pay for shortfall of one year in serving the bank 

 

3) you have committed breach of contract 

 

4) legally you are liable to pay 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

1. After having signed the contract you cannot escape from your contractual obligations. A contract is not an advisory, it is binding on both parties.

2. If you do not honour the contractual obligations then employer can file a suit for recovery of money in the civil court to recover liquidated damages and cost if litigation. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Having signed the service bond, you were mandated to serve for the Bank for the entire period of bond.

Try speaking out to the HR people of the Bank and plead leniency.

At anytime the Bank files a case against you, you will have enough material to defend the case. No need to worry. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If you sign the agreement bond stating that you dont complete two years of service, you are liable to pay 3 Lakhs?. in that case you have to fulfill the terms whether continue or pay the amount as you have declared.

Check the agreement with local lawyer, who can point out loop hole and advise you to do. Give reply to their notice stating that health issue, most probably, you can come out from this. 

All the Best

 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

Sir, you should know that if there is the way how to join a organization then there is also a way for the separation from that organization if both things have not been followed then contract has not been complies with so no body can put you on the leash and it is up - to you whenever you like to exit you can but by following the contractual obligations. Have you resigned and waited for the relieving orders or not , if it is not there then do it now with humble request to waive off the remaining period and it will be better to please meet them personally if they don't allow you put mail containing all the facts , that how you went to them and they deny it so that recovery proceedings may whenever be initiated can be fight strongly from your side.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

It is a breach of contract. They can file a suit against you for breach. However in India generally it is not filed if the company has not invested a lot of money on you.

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

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