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sachin (web designer)     06 September 2014

break bond in 18 days due to not satisfied with work

Hi, I had join a company as a website designer and sign a serivce agreement of 18 months. If i beak the bond before 18 month then i have to pay 1.5 lakh. After joining 15 days realize that i am not happy with the job and they out of dated work. I had furstraited and mantlly disturb too. Then i deside that i have quit if i am not happy with the job. Then i quit and after 15 day i have recive the company advocate notic that pay 1.5 lakh + 1 lakh of company loss. Plz advice me what should i do ? I dont have this bigg amount to.pay. Plz help me


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 3 Replies

Kumar Doab (FIN)     06 September 2014

1. The Bond was created in lieu of what extra ordinary favor by the company: e.g. some training that will add some certified qualification........................or some extra ordinary skill?

If no such favor was granted your lawyer may opine Bond is void to that extent.

Do you have copy of the Bond?

 

2. Did you tender notice of resignation or resignation with immediate effect?

Did you handover the charge?

Has any appointment letter been issued?

What is the notice period inserted in appointment letter?

3. Did you ever place your dissatisfaction, grievances,  complaints in writing on record?

4. What loss has been caused by you?

Has the company provided you the HR policy/Service Rules and Regulations mentioned in appointment letter before signing appointment letter. Usually it is stated that service conditions shall be governed by HR policy/Service Rules and Regulations................................but these are not supplied shown alongwith/before appointment letter. Download these and keep a copy.


Has it been stated that standing orders (certified/model) shall apply? Inquire and obtain the copy.

The agreements/clauses being enforced by company may be violative of standing orders. 

Any clause violative of standing orders shall not survive.

 

Approach and show the job advt., job application, interview call letter, selection letter, offer letter, appointment letter, standing orders, HR policy/service rules and regulations, BOND, Legal notice  to a competent and experienced Labor Consultant/service lawyer and give inputs in person and let your lawyer draft and structure your reply to suit you in the long run.

The reply by your lawyer may put the matter on 'Permanent Shut up mode' or if the company approaches court of law you can contest in court.

 

sachin (web designer)     06 September 2014

Yes i have copy of bond and appointment letter...

they dont mentiion notice period in that..

plz discuss with me with easy language plzz

 

i am attaching my service aggrement plz see


Attached File : 373926742 service agreement.pdf downloaded: 49 times

Kumar Doab (FIN)     07 September 2014

You have signed this agreement by your free will.

The company has claimed that it works on highly technical fields and provides know how.

YOU have claimed it is outdated.

If notice period is not stated in appointment letter probably company has not claimed notice pay thru its lawyer as per your post but has claimed liquidated damages stated in Bond and compensation for loss it has suffered due to abrupt termination.

At Delhi you can access Labor Consultants/Service lawyer's par excellence and you may approach the lawyer alongwith elders in the family, competent and experienced well wishers......................employee's union leaders, trade union leaders....................etc..............................and your lawyer can explain the matter to you in person in the simplest possible manner as desired by you.......................and also the merits............................and also can draft reply to legal notice issued by company thru its lawyer.


In the meantime you may go thru the attachments that you may find relevant. 

If you wish to search for a lawyer thru LCI databank you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.VAvrbcKSwb8

Your and near dear ones can also guide you to a competent lawyer.



Attached File : 373996534 417759075 validity of employment bonds.pdf, 373996534 background paper.pdf downloaded: 69 times

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