AkramAli Baig (Senior Software Associate) 29 December 2010

Threat of Legal Action by Company

Hi Experts,

previously i was working in a limited company, Where i had 3 months notice period.

This company send me onsite for long term to work at client place. They forced me to sign a service bond of 5 years mentioning that they are sending me on training, and if i breach i have to pay them 5 lacs or actual expense. But actually they did not provide any training infact, i was working there are earning money of company. I have all the approved original approved timesheets, which were used to raise the invoice.

Due to some resign i have to resign from this company. I gave them 1 months notice they accepted but did not provide me any proof of acceptance.

As i have broken the bond they asked me to pay 13 lac rupees, which i was not able to pay. I was ready to pay them 4 lac rupees but they did not agree and i have to leave the company without documents.

Now after 4 months they have send me a notice that i have absconded from my service and not serve 3 months notice period.

Actually when i resigned they deducted the shortfall of 2 months notice period from my Earned leaves. I was able to take the clearance form snapshot which clearly mentions that shortfall in notice was recovered from earned leaves.

Now they are threatning me to take legal action against me if i do not join the organization within 7 days.

Experts : Please advice what can i do in this situation? Shall i issue a legal notice? Will there be implications? Please advice i am in desperate need and in real problem here.

Also i need a lawyer in Greater Mumbai to help me professionally in this matter.

I am waiting for you reply anxiously.

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2 Replies

V. VASUDEVAN (LEGAL COUNSEL) 01 January 2011

The fact that they have recovered the notice period salary would suffice to prove their acceptance of your resignation. As for the bond, it cannot be enforced - especially in the facts and circumstances set out by you.

"absconding" is the most abused terminology in the industry now days and your case by no stretch of imagination would fit into "absconding". If you receive a notice, simply put the facts by way of reply and post it by speed post with ack. due. In my view, there is no need for engaging a senior lawyer at this stage. The need for engaging a lawyer would arise if a suit for recovery is filed against you. vasudevan

1 Like

AkramAli Baig (Senior Software Associate) 02 January 2011

Hi Vasudevan,

Thanks for your reply.

I have already replied to them by email. Is It required to send it by Speed post or Reg AD?

Also in my reply i have asked them to release my service certificates and dues in 10 days,

Also they have forfeited my PF, last month salary and other dues. How can i get that released. It is a big amount, so i dont want to lose it.

Bond was Non-judicial, i came to know that i cannot be prosecuted in court. Is this correct?

One more thing my offer/appointment letter does not state that i have to sign bond if company sends me to onsite job or so called training?

As i have already replied them. What type of reply/acknowledge they will give?

Regards,