I had signed an agreement (bond) which says, "In case the employee, for any reason, leaves services of the company before the said period of 24 months, then he will forthwith pay a sum of Rs.50000 being the indemnification of the cost of training to the company." In offer letter/appointment letter it's written, "as agreed, you'll spend minimum 2 years with company, if wish after the completion of two year, you'll be released from company on 2 month notice." I underwent surgery last month and in no capacity to serve the notice period and continue the same job as it involves lifting heavy testing kits(Doctor has strictly advised against it). Emailed the resignation letter to boss but he says you have to complete the notice period. What I can do? And what action company can take against me if I do not serve notice period?
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You can offer to pay salary in lieu of notice period
2) although it is at discretion of company to waive the notice period you cannot be forced to work against medical advice
3) in case company sues you then you can at most be liable to pay salary in lieu of notice period
If company provided you training and incurred substantial amount of expenditure on it, you shall be legally liable to pay the bond money of Rs. 50000 upon your leaving the job before completion of 2 years service.
Up-to this it is all legal.
Your employment terms of serving notice period compulsory is totally illegal and void in law.
There is no need to serve for the notice period.
You are only liable to pay up the unserved notice period if any.
Submit your resignation and get it received by them or send the resignation letter by registered post.
Pay up for notice period on demand .
They can not force you to serve for a single day. No legal action can be taken against you for this.
No need to worry about it, As per Labour Law and Industrial Disputes Act, employer can ask for compulsion to complete notice period of two months and pay bond amount.
Need to know your date of joining and date of resignation letter.
On medical ground employer can release you.
1. It is true that under the Contract Act, you have to honour your service period commitments and on failure you have to pay the agreed amounts.
2. However, the above service conditions become null & void, due to circumstances beyond your control (medical grounds, supported by all relevant papers /documents) and the co. cannot enforce the service condition, provided you represent the matter properly to the co. or to the court. There is nothing to worry, provided you have all the mentioned documents and the doctors certificate.
See company can send you legal notice and can further file suit to recover the Bond amount as agreed if you fail to serve the notice period.
You can contest the suit before court if they file and on notice if you don't want to give the said amount.
Dear Sir,
The company cannot take any action beyond notice period. You are ready to serve notice period as such if they launch any other legal proceedings against you they cannot be sustain under law. Nothing to worry. Just come out the company and send a legal notice to the company to complete exist formalities, failing which threaten them to launch suit for compensation for mental torture and others.
What is the term left to complete 2 years of service ?
You send the details of treatment undergone and also the doctor's advise to your employer (Subject your case being genuine).
Wait for their response, if they still force you to comply with T&C you can issue notice to them giving the details of your issue. Based on which you can have a chance to get the matter compromised.
Have you completed 2 years ? If thing is only about serving notice period, forced employment is illegal in India neither such condition has any legal status. Leave forth with, Company cant do anyhtign.
Thank you for your valuable feedback respected People. A few of you have asked about joining date and completion of service bond. I joined on 28/09/2019. Hence I have completed the the bond period. It is only mentioned in bond that I have to pay 50000 to the company if I leave before 2 years for the amount they have put in training me. However, on ground levels, they neither provide any training nor they invest in training us. We have taught ourselves. There are two reasons why I don't want to serve the notice period. First of all because of the surgery I had. Doctor has advised me against it and I have all the medical documents. Company played with us. They deduct certain amount for ESIC every month. But, they have not given us ESIC card even after many requests in last 2 years. Hence I had to borne the cost of surgery which would have been free in ESIC hospital if I had ESIC card. Secondly, after the completion of notice period, they don't clear our expenses immediately. We are told to wait(after formal relieve from company) for it so that it'll be cleared. I contacted few seniors who left the company this year. They told me that their salary (of 2-3 people) and expenses are still not cleared even after 5-6 months. What should be my strategy?
28/09/2019 ????
Against ESCI claim can complain to labor commissioner.
No need to serve anyhtign. Nothing will happen.
Company would seek to recover training expenses if you have not served company for 2 years
2) in addition company can recover salary in lieu of notice period
3) express delivery your inability to serve notice period on medical grounds . Offer to pay salary in lieu of notice period
Already answered. Nothing except demand for payment for unserved notice period.
Try to think logically putting yourself as employer. If your domestic help tells you from next day he will not come , should you call police to bring him back and force him to do job in your house. If you do so you will be in jail not your domestic help
If he has such right why you should not have.
Try to understand the law. Do not get confused here by so many answer. Read carefully all answer and think logically.
See company can do malpractice by not clearing full and final payment and by not giving reliving letter for same
See best way in your case would be serve complete notice period and then leave company then you can recover complete amount.
Further In case company owe you amount and they file suit then you can contest same.
The company cannot force you to serve the notice period if you are not in position to work.
They can recover the basic salary of notice period from you and bond amount as signed by you in joining agreement.
It's better to buy your notice period by paying basic salary to the company
You can send them legal notice to get your salary if it's not cleared in next two months after last date of resignation.
If they had not provided you any TRAINING than they are not entitled to collect training amount. So don't worry company don't have very strong point against you.
it is advisable that you do not leave the company without proper permission and serving the full notice period. If you leave without proper resignation, the company might file a case against you and ask you to pay compensation. Since your employment is governed by your employment contract, you will have to serve the notice period specified. If you do not fulfil the terms and conditions of the agreement the company can take legal action against you.
- As per Specific Relief Act , if any employee quits before the notice period ,the Employer can only recover the Notice pay , and the Company cannot force to serve the entire notice period.
- Further, the resiganation decisioin is the employees deceision , and the employer cannot sue for breach of contract , if the empolyee leave without serving contractual notice.
- Except, recovery of the said amount , company cannot harm you for the same.
- Since you have already compeleted the service bond period, then the company is bound to issue Relieving letter and the salary.
- Further, as you are facing your health problem as well, then the company cannot force you to continue the service in the garb of notice period.
- You should inform/issue a legal notice /demand notice to the higher managment of the company for the said harassment , and further demand the expenses and dues from them .
You may first send a letter in writing by registered post intimating your decision to resign your job and indicate that you are willing to pay compensation for the notice period.
If the employment condition states that you can pay the compensation in lieu of the notice period the company cannot deny to accept the compensation amount, you can initiate proper legal action if the company denies the same and insists on working and complete the notice period.
You may follow the suggestions made in my previous post by first issuing a letter in writing intimating your decision to resign your job and may express that you are willing to pay compensation for the notice period since you will not be able to work as you have been advised by doctors to be in bed rest, you can enclose a copy of the medical certificate to this effect and send this communication by registered post with acknowledgment card.
This will protect your interests including your F&F settlement.
If they did not provide you with any specialised training etc., they cannot enforce this service bond against you.
Even otherwise, this service bond is hit by section 27 of the Indian Contract Act and Article 19(1) g of the Constitution/
