• Breaking employment bond

Dear Sir,

I am Pratyusha Terli working as junior developer for a software company. While joining them I have signed a bond with my employer. As per that i have t serve till 31st October 2014. In case I want quit in between I have to inform them 2 months prior and in lieu of notice i will have to pay 1 lakh rupees as compensation as they have provided training for me. I have resigned by job on 06-05-2014 stating that i will serve the notice period and my last working day would be 06-07-2014. But my PM is not accepting my resignation and forcing me to work for 1 year more saying that it would take 1 year for them to find replacement for me. And They have my original educational certificates so I am very worried.Would there be any negative consequences for me for bond breach? Can they hold back my certificates? Please help me in this regard
Asked 2 years ago in Labour from Visakhapatnam, Andhra Pradesh
If you comply with the terms and conditions of your appointment letter as well as the Bond then they can not take any plea for not accepting your resignation or not reliving you or not paying your salary and other dues or holding your original certificate. if they do that,you have legal remedy for it by serving a legal notice through a lawyer and then file suit in the court.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
As per the details furnished by you, there is no breach of contract from your side.  You have given the employer 2 months' notice to leave the company. Hence the Company can not force an unwilling employee to serve the company unilaterally.  Please send once again your Resignation Letter through a Registered Post Ack.Due to the Company and wait for its reaction. In the meantime make sure that you get back your original certificates.  In case the Company does not return your original certificates, then issue a Lawyer's notice.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
Your employer is bound to give a copy of the bond. The signatories to the bond have got the right to have  copies of the bond. You continue to work till your notice period comes to an end.  Also ensure that the employer gives your Original certificates. Employer has got the right to have a look at the original certificates to find its genuiness but not to keep with them.  Take the help of a local Advocate, if the need arises.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
Its my pleasure.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0

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