• Broke bond during probation period before one month completion

I joined Software company and i signed bond and accepted appointment letter. But because of work pressure i got headache problem and it was happening daily and then i left job after three month with resigning mail without prior notice.
Bond conditions were that i have to pay 2 month salary and then serve a notice period of two months but i was not able to spend even one day at there. Now they are saying they will take legal action against me or i have to serve a notice period, but i didn't complete even one month at there. Please suggest me what to do
Asked 8 years ago in Civil Law

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5 Answers

1) terms of appointment letter are binding upon you

2) you have to serve notice period of 2 months or pay salry for 2 months

3) it is doubtful company will take legal proceedings as litigation costs would be more than money sought to be recovered

Ajay Sethi
Advocate, Mumbai
94399 Answers
7468 Consultations

5.0 on 5.0

your appointment letter mentions issue of 2 months notice period . you have failed to give 2 months notice .

hence salary for 2 months notice can be recovered .

it is necessary to peruse your appointment letter and bond signed by you to advice further

Ajay Sethi
Advocate, Mumbai
94399 Answers
7468 Consultations

5.0 on 5.0

1. You have violated the contract which had been executed between you and employer, as a corollary whereto the latter is at liberty to sue you for breach of contract.

2. How is the contract unilateral? It is your own statement that you had signed the bond and received the letter of appointment from the employer, which shows there was an express contract.

3. You can be sued to recover the salary of your notice period, which you were to serve but you did not serve, and also damages for breach of contract.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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notice.

Bond conditions were that i have to pay 2 month salary and then serve a notice period of two months but i was not able to spend even one day at there. Now they are saying they will take legal action against me or i have to serve a notice period, but i didn't complete even one month at there. Please suggest me what to do.

If you have accepted the offer of employment and have agreed and signed the terms and conditions of the employment, it becomes your duty to honor the conditions stipulated therein. Any violation shall e considered as an illegal act. You may write to the company stating that you are ready to compensate the company as per the conditions of employment however owing to your health reason you may not be able to physically attend the office. This letter should accompany a medical certificate to evidence your health problem which shall convince the authorities and they may drop the iead of any legal action against you.

T Kalaiselvan
Advocate, Vellore
84599 Answers
2155 Consultations

5.0 on 5.0

But i have heard A unilateral contract are not valid in india.

And how much(money) they can ask because i have not got any training from company i just spent 3 week and got just tension even not my first salary

After having accepted the conditions of employment raising a dispute regarding the conditions of employment will not entitle you to claim any relief in that regard, hence it will be better to settle the issues amicably instead of further stretching the issue over misconceived ideas.

T Kalaiselvan
Advocate, Vellore
84599 Answers
2155 Consultations

5.0 on 5.0

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