I have signed a bond which states that if I have to leave company I have to serve 3 months notice or 3 months salary if I have to leave company. Since I dont want to do either, can I abscond from this company? What action can company take against me?
Asked in Labour from Mumbai, Maharashtra
1. Since it is a civil contract no criminal action lies on breach of it.
2. If you breach this agreement and leave it without complying the terms of the Bond the company at the most ca file civil suit for recover of 3 months of salary. Since civil suit is very much time consuming the filing of such suit will not be cost effective and feasible.
3. However since absconding the company will make you loose the proper Leave Certificate you can not count job of this company as your experience .
The agremeent also states that I cannot resign in 1 year. I have only completed 3 months here.
Asked 1 year ago
1) don't abscond . Serve notice as provided in your appointment letter
2) yiu won't get experience or relieving letter from the company
3) further company can take legal proceedings against you as per terms of bond
1) you have not attached terms of bond signed by you
2) honour the bond signed by you
The consequences/results are same as I have advised above.
Hi, as per law you have to fulfill the condition of the agreement if you violate the terms and conditions of the agreement then the company can file a suit against you for recovery of money.
2. How long you can absconding form the company, the company will file a suit against you and proceed the matter ex-party.
3. If the company has filed a suit against you better you can contest the matter.
A. Generally, you have to be bound all the terms and condtions of the contract which has been executed by you in favour of the company.
B. Company may take legal action or claim for 3 month salary before the Court of law in the event of fail to comply the terms of the contract.
C.If you had a genuine reason to leave the company that send a mail to your reporting manager and convince them. They may give exemption by excersising discreationery power or else you may get long leave or relieve by showing health reason by providing health certificate.
If you have signed the bond and leaving the company without any intimation, the company may terminate your employment, may initiate action against you for recovery of the amount for breach of contract as envisaged in the employment offer letter, it may even lodge a complaint with the local police for recovery of company inventory held in your responsibility during he course of your employment while your absconded the company suddenly.
If you do not comply with the notice period the company will be at liberty to file a lawsuit for damages on account of breach of contract. The damages ordered by the court may be in lakhs. The agreement is sacrosanct.