• Question about bond in job

I had joined a company after my completion of B-Tech. in 2014. When I joined the company I was instructed to sign a bond paper of Rs. 100/-  saying that - I will have have to pay 2 lakh rupees if i leave the company before 3 yrs. and all my graduation certificates( Results of total 8 Semester) was taken. It was basically a 3 yrs bond(From 2014-2017). There were many other general terms too.  . I left the company in this month after completion of 10 months. But now, they are not giving away my all graduation certificates and demanding the money to release the same. So is there any way to et back my documents without giving the money??
Asked 1 year ago in Labour from Kolkata, West Bengal
1. Are you in possession of acknowledgement given to you by the company for having received your original documents?.
2. Were you issued a relieving order, when you left the company?.
3. Did the company provide you any specialised training in India or abroad?.
4. Assuming that the company did not provide you any specialised training, you can send a legal notice to the management of the company to return your certificates, without your paying anything to the company.
5. If there is no response from the company for the legal notice, inform the same to the Labour Commissioner to intervene in the matter and settle the matter in your favour. 
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
1. Meet the H.R. Head and convince him to handover your original documents.
2. The management may take a view that it is not desirable to keep an unwilling employee on its rolls and take a decision to issue a relieving letter and relieve you without your paying any money.
3. Otherwise send a legal notice through a Lawyer and also inform the jurisdictional Labour Commissioner. 
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
Hi
 send them a legal notice demanding to return the originals immediately.
the bond you sign is enforceable as a contract, but the terms of it are not justifiable under law.
The company can demand you for Two lakh rupees , at the same time based on this bond they will never go to court to recover that.
If you have given a resignation and informed them about your leaving the firm, the company is liable to return the originals .
The company cannot retain the documents, it is illegal and at the same time they can demand you the  bond amount, 
Send them a legal notice,wait for the reply and proceed accordingly.You can file a police complaint for detaining your documents, and also a private complaint before a magistrate if police fails to act.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
You have executed a bond with a company that you will serve the company for the period of three years from 2014-17, but instead you resigned after serving for 10 months. What are the reasons? What are the conditions of the bond? Is it applicable only to you or vice-versa? These are few amongst many other questions, which needs to be clarified before advising you in the matter.

With the available information, you have to pay the bond money to the company and there is no escape for you from this obligation. However, your educational certificates can not be retained by the company in lieu of bond obligation. You have all right to ask for the same. It is advised to send one legal notice to the company for returning your educational certificate. I believe, the company will release the same and if the company deny, you have all right to approach court of law.
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
1. You have signed the agreement that you will not leave the company with in 3 years agreeing to the fact that you will pay Rs3 lakhs, if you break the bond,

2. Now you have not complied with your agreement. So, you are legally bound by the bond,

3. However, it is illegal on the part of the Company to collect the original educational certificates,

4. Lodge a police complaint that the Company is not returning your original papers illegally collected by them,

5. Your liability is restricted to the bond amount only and the company can not arm twist/blackmail  you to pay the bond amount for getting back your papers,

6. If police fail to take any action, you can file a W.P. against police inaction.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
1. The Company is with in its right to take a assurance bond from you,

2. They have imparted training on you apart from the administrative cost for recruiting you for which it wants you to stay for a minimum period of 3 years,

3. Collecting original educational certificates is illegal since refusal to return those certificates unless bond amount is paid amounts to blackmail,

4. The company is expected to collect the bond amount from you with due process of law, if you refuse to pay normally.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0

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