Submit your resignation after completion of bond period of 3 years
2) if you resign before expiry of bond period govt can seek to recover bond amount from you
My 3 years of bond to work under govt services comes to an end in 2 months. What is the procedure to resign. I am govt doctor in the state of tamilnadu. Should I apply now? Or should I apply after the completion of 3 years? Is there penalty/fine if I work for 6 months after the bond period and then resign?
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Submit your resignation after completion of bond period of 3 years
2) if you resign before expiry of bond period govt can seek to recover bond amount from 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 resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Further , as per the Employment Act also , employees have the right to resign at any time, by serving notice or by compensating the employer with salary in lieu. It is an offence for employers to disallow employees to leave their job.
- Further, the Supreme Court has declared in the judgement of the case titled as Sanjay Jain versus National Aviation Company of India Ltd, , that to resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the service.
- Hence, if you want to tender your resignation from the government job, then you should submit a resignation letter after stating the valid reasons , and declaring that not any departmental of vigilance inquiry is pending against you , to your appointing authority through proper channel.
- Legally , in government job , the notice period is 90 days , and further you may be called by the competent authority to explain the reasons for the resignation , and thereby they will issue a Relieving letter to you.
It is advisable fro you to complete your 3 years of employment as govt doctor. Subject to the contents of your employment terms, until and unless your employer removes you from the employment or issues termination notice to you, there can be no penalty imposed upon you for extension of employment. However to sustain validity of your employment you are advised to seek extension for 6 months or for such tenure you wish to continue working with the same office.
However still if you want to resign at this stage, you may give resignation letter in writing to your employer and serve for the notice period as mentioned in terms of your employment agreement.
You are required to serve the organization for the full bond period.
If your employment is confirmed then you may go through the conditions of employment about tendering the resignation on completion of the mandatory bond period.
If you want to continue the employment beyond the fulfillment of bond period also, then you may do so until you get a notification about the termination of your employment.
You can wait for the employer to terminate your services if your employment was for a limited contractual period only.
Please read the clauses of your contract.
If there is a notice period of xyz months you have to comply with that requirement and tender your resignation accordingly.
You can send a notice even now mentioning that you will quit on completion of 3 years.
There is no penalty if you work beyond the period of 3 years and resign later.