Service bond breakage
Querist :
Anonymous
(Querist) 02 December 2011
This query is : Resolved
Hi
My question is, I am a civil Engineer & I was joined a private Infrastructure company as a fresher through college campus. When I joined the company, I signed a servive agreement bond for 4 years which says if I leave the company before that i have to pay2,00,000/-. Out of 48 months of service I served for 33 months & though I am a Lady bcoz of marriage reason I left the organization. Before leaving the organization I gave a resignation & served 1 month of notice period as per company nerms & handed over all my duties. I have my educational certificates with the company. The company neither NASCOM registered nor ISO certified company. In this case can the company take any legal action against me? If the company can do this do I need to pay the Bond Breakage amount? Please reply soon, its urgent.
prabhakar singh
(Expert) 02 December 2011
Such terms are called "non obstinate clause"
Such restrictions may be imposed provided reading agreement and practice in the industry they are found "reasonable"and in case of a dispute it would always be a court matter.
Better collect any how your testimonials from them.Then wait and watch for their action.
Querist :
Anonymous
(Querist) 02 December 2011
My question is, will they take any legal action against me bcoz thay have my certificates with them which is not mentioned in the agreement and fact is that i can't pay the amount so in this case what should I do now even though I send a request letter regarding this. I am not asking them for the releaving letter, certificates, I do not need them but thing is that they should not force me for paying the bond breakage amount.
So in this case wht legal actions they can take against me.
Please reply. Its very urgent.
M/s. Y-not legal services
(Expert) 02 December 2011
am agrre with prabhakar sir.,
since your certificates locked in your company, you should be try for any amicable settlement.,
Querist :
Anonymous
(Querist) 02 December 2011
But company is telling that when i ll pay Rs. 200000 then only they ll provide me the certificates n re leaving letter otherwise they ll put a case against me. But i cant pay the money. So in this situation wht legal action they can take against me?
prabhakar singh
(Expert) 02 December 2011
Let them then file a case.It shall take more than decades to materialize a case like that in metros particularly.
They can not with hold your testimonials but the difficulty is that you do not have any proof of their custody of your testimonials.Ask them in writing there for.See what they answer,if they admit they have them then revert for further advise.Or if possible complete the bond period for a peaceful exit.
Querist :
Anonymous
(Querist) 02 December 2011
They gave in written that they have my certificates with them.
I am least bother about the certificates. My worry is about, should i have to pay the liquidated damage or any other action they can take?
Let them keep my certificates with them, even i do not need the re leaving letter.
Raj Kumar Makkad
(Expert) 02 December 2011
If you dont care then there is no other option but to wait for their initiation of any legal action. You have various options in hand to apply as per prevailing situation.
Querist :
Anonymous
(Querist) 03 December 2011
Our law says that one sided agreements are not valid. In this case if i leave a company according to the nerms of the company even though I am in a bond due to my personal reason & if the company asking me the Bond Breakage amount. Is it valid?
The company did not spent any amount for giving me any training.
I served for more than 2.5 years out of 4 years.
They should show their humanity & understand that I am a lady n I should be settled down in my life. Even though I send a request letter, They are giving mental harassment by threatening that they will take legal action against me if i ll not pay the liquidated damage. So my question is, wht legal action they can take against me & if they take any action then will I bound to pay the damage? Suggest me with your valuable advice.
ajay sethi
(Expert) 03 December 2011
where are you located? sicne you ahve already left the company after 33 months without working for prescrived period under contract the company can take legal proceedings against you .
the company will have to prove that it has spent on your training and hence it wants to enforce the bond .
te company may file suit against you to recover the amount
whether you are called upon to pay the amount claimed by company would be decided only after trial .
