• Employee bond

I am working in a company from 3 months.While joining i signed a bond for 3 years .1 year for training and 2 years for service but they are not spending money for my training.If i want to break the bond i have to pay the total money what i have taken from the company.Now i am not at all interested in job due to some personal problems . while i sent a resignation letter to Hr ..they are asking to pay 3 lac rupees for breaking the bond...But i accepted for paying the total salary what i have taken from them which they mentioned at signing the bond..one of my degree certificate is with them...I think they cheated me and made the bond ....Now i thinking to leave the company with noticing them before one month....Will be there any legal problems for me if i leave the company before without their acceptance .Please suggest me regarding this issue...
Asked 12 months ago in Labour from Bangalore, Karnataka
1. If there is a lock in period mentioned in the contract then it has to be obeyed. If there is no lock in period then you can resign by adhering to the notice period, if any, incorporated in the contract.

2. Completing the training does not bind you to get employed with the employer. The part of the contract which deals with your rights as a full time employee of the company, does not come into existence unless and until you accept the employment after the completion of training period.

3. You can resign only in accordance with the contract, failing which a lawsuit for damages on account of breach of contract can be filed against you.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) you are not liable to pay Rs 3 lakhs 

2) as per bond signed by you your liability is limited to total salary received by you fropm the company till date of resignation . 

3) send letter offering to pay amount mentioned in your bond . reuest them to return your degree certificate lying in their possession . 

4) if company fails to do so lodge  police complaint against company for refusal to return your original certificates 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1) it is necessary to peruse bond signed by you 

2) you have stated there is no clause in your bond that on resignation before 3 years sum of Rs 3 lakhs has to be paid by you 

3) you have to merely pay salary paid by you till date as per the clause in your bond . Further company had not provided any training to you to justify payment of Rs 3 lakhs to the company 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. They can not demand Rs.3 lakhs for your leaving before the Bond period,

2. They can claim the salary they have paid you during the period,

3. Keeping original educational certificate by the employer has no legal sanction and it amounts to illegal arm twisting,

4. Ask back the said certificate ( they may claim that they never had it) and lodge a police complaint if they refuse to return it,

5. Now, if you are sure that you will be able to get a fresh job without collecting the release letter, then yu can leave the company as they will certainly not give you a clean release letter,

6. Indian Laws are not employee friendly. So, act judiciously duly weighing your strength and weakness. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The company has not pend any extra amount on your training other than your salary,

2. So, you should return your salary only,

3. The company can not come in the way of your civil right to earn your livelihood by opting your suitable employer.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. You can be held liable to pay the money demanded by them only if they can prove that you resigned in violation of the contract. 

2. If you can prove that training period never commenced then you may successfully contest their suit.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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