• I reported at a PSU Bank on the joining date and absconded from the next day

O the reporting day I got to know the Job is hectic and job profile is different from what I thought, so I decided not to go.
Upon informing that issue the bank managers said I should pay the indemnity bond amount of 2 lakh.
So I decided to abscond. what consequences can be for this issue.
I didn't get any training or salary account of PF account is not yet created.
Asked 6 years ago in Labour

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21 Answers

They can file a suit to recover the bond amount from you, further they will serve you a legal notice you will be nit given reliving letter and NOC.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You will receive Notice from the legal department of the bank to pay the indemnity amount even if you are absconded you would have provided lot of information relating to your address and all it will be good idea to join the bank and worked up to the indemnity period in case you want to save the amount otherwise you have to pay the amount and in case Bank goes to the court you have to pay the legal charges as well

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You will be sent notice to your

registered address with the bank. If you fail to

return to job, the bank will treat you as

absconding and will subsequently issue your

termination. This means that you won't be able to

rejoin the organization again. Another serious

impact is that if you plan to work further in other

organisations, they will surely ask you for your

relieving letter from the previous organization.

Remember, every organization is smart and have

a robust background verification process.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can object for the same.  As they didn't incur any loss from you. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1) you would be declared an absconder as you left without serving notice period 

 

2) it would affect your future employment prospects 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you have signed any bond agreement then you be liable to pay up the bond amount if you leave the job before the minimum period prescribed in the agreement.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Nothing will happen but don't receive any communication from the bank, tell also to your family and forget it and be cool.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You joined on contract or gov. employee ad from which day bond was effective, from joining day ?

Bank must be having your permanent address?

Have you submitted any document on reporting and recorded your attendance? Bond condition ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

See in case the suit is filed then these ground can be taken and can be contested though at this stage if they do not provide NOC then you will have to face difficulty joining another job.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

bank would sue you to recover bond money 

 

2) your defence should be no money spent on your training 

 

3) no training was give n to you and you left very next day after joining company 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No training conducted, no special allowances spend - on these points, refuse payment of bond. They have your  permanent address so notice can serve on you.

And don`t give your resignation, just stop going.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Have you signed the attendance register or the have submitted the joining report?

If not then you may not be considered to have joined the employment.

If you have done the above then you may receive a notice from bank asking you to show cause that why proper action as per law should not be taken agaisnt you for absconding or to declare you as an absconder.

You can give a reply then when you receive a notice or decide to ignore it and await their further action on it.

Forget about the bond amount, you can give a reply as per law for this  bond amount if demanded.

 

 

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Just like all other bonds, the Employee Bond's validity depends on the circumstantial evidence. Section 27 of the Indian Contract Act, 1872, states that any agreement made in restraint of trade and profession is considered void.

For an employee bond to be valid, the employer should be able to prove that the said bond is necessitated to prevent diversion of business, and because  he has invested a certain amount in training an employee

As per the Bonded Labour System (abolition) Act, 1976, bonded labour is outlawed. No person shall be required to stay for a particular tenure at a company out of compulsion.

Example: A company may require an employee to pay a lump-sum amount in case the employee decides to leave the company before the end of a 2-year contract, which the employee signed. Such agreements cannot be legally enforced and are usually ignored by employees.

In some cases, the company may withhold important documents and/or the full and final settlement of the employee. The company is not allowed to do so if an employee leaves an organisation.

An employee can leave or resign a company even after signing an employment bond to serve for a particular time. Any restriction imposed on an employee that compels them to work for a time period or restricts them from joining a competitor is void under the Indian Law.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes you can object the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been asked to pay the indemnity amount.
  2. You must have entered with the employment agreement wherein the above condition clause shall surely be there.
  3. You have the only hope that you haven’t received any training for which you entered the job initially.
  4. There will no criminal case for sure, but yes they might file civil suit for recovery of amount as you have breached the contract according to them.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear

You should have send them a notice before leaving the job. 

It can effect your chances for further employment.

And bank can send you a legal notice for recovery of indemnity Bond amount if you have signed it while joining.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Give it to them. Since they have  not incurred  any expenditure for giving training to you the bond is voidable. A bond money can not be a clear source of income of your employer at the cost of his employees. 

Bond can be declared null and void in court on the above ground. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Did not understand your query . What you mean by not joining / not reporting letter 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See if they are showing on record that you have not joined any not asking to pay then you can leave. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No it's a important fact if you leave them. You explain them

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Don`t give anything.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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