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kam__________ (xxx)     05 July 2011

Breach of employment Bond

Hello,

           I was working in a company and signed a bond on stamp paper for period of 3 years. The bond states that I can leave the company only in the month of june for which notice has to be given at least six month earlier. Also i need to pay the amount equal to twice the amount that i am supposed to get for my remaining tenure.  As there is no proper exit from this bond hence i took leave from the company and never gone back to work. Now after one year since i left the company they have send me a notice on their letterhead that i have breached the contract and i need to pay around 12.5 lac rupees plus interest of 18% pa. I left the company after working 13 months (including 3 month of training). Moreover the bond is one sided in thier favour; they can terminate my job but i cant leave on my own will.  If i do not respond to thier notice what kind of legal action can they take on me ? 



 10 Replies

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     10 July 2011

Hi,

 

Your are not needed to pay anything as their wish. Just send reply if they served you notice ,stating that the bond is not valid beacuse it is one sided and you were forced to sign the document since they were making use of the situation and it is time barred as well.

1 Like

Kumar Doab (FIN)     10 July 2011

The notice period beyond 3 months is unreasonable.

The contents of the bond posted by you are surprising and one shall wonder such kind of bonds can also be drafted.

It is important that you reply to the notice. You may consult elders in the family,competent and experienced people known to the family, lawyer/law firm  having experience and competence in handling such matters, and submit a terse and strong reply.

The sane person who has crafted the bond , in all of his wisdom and sanity may be thinking of filing a recovery suite.

In future kindly consult elders in the family,competent and experienced people known to the family, lawyer/law firm, before signing on the dotted line. It is better than repenting later.

1 Like

Kumar Doab (FIN)     10 July 2011

The notice period beyond 3 months is unreasonable.

The contents of the bond posted by you are surprising and one shall wonder such kind of bonds can also be drafted.

It is important that you reply to the notice. You may consult elders in the family,competent and experienced people known to the family, lawyer/law firm  having experience and competence in handling such matters, and submit a terse and strong reply.

The sane person who has crafted the bond , in all of his wisdom and sanity may be thinking of filing a recovery suite.

In future kindly consult elders in the family,competent and experienced people known to the family, lawyer/law firm, before signing on the dotted line. It is better than repenting later.

sekar (nil)     14 October 2013

Bonds while in service are not optional. It is under duress, no signing-then no job.The terms are one-sided.Extreme conditions are stipulated.Employees right to seek better jobs is restrained.They seek large amounts for nothing or long service.

Court rulings are there that bonds are not valid as these violate free and fair play/natural justice.

we can never consult lawyers before signing because then the company will not give the job.Job is a necessity and we are helpless. Of course the litigation is costly,unpredictable and long.but what can we do?If bonds are illegal then why do the firms even govt firms/reputed firms ask employees to sign the bonds.?

After 2 years of resigning my friend is being asked to pay Rs2 lakhs . He was forced to sign a bond for 10 years service.No expenses made by the company.Tragic.Any advice.

Kumar Doab (FIN)     15 October 2013

10Y by any logic is unreasonable, unconscionable……………………..

The service agreement has to be in lieu of some consideration by the company…………..

No expenses made by the company.

Legal Notice by lawyer of employee/reply to legal notice of company by lawyer of employee should be sufficient to put the demands of the company to rest.

Employee should not maintain silence on receiving letter/notice/legal notice from company. He should issue proper and fitting and proper reply thru his lawyer.

Still if the company pulls the employee to court of law, the employee may contemplate to take suitable action for defamation, malicious proceedings……………….

 

The lawyer that has seen all documents can advise the best.

Sudhir Kumar, Advocate (Advocate)     16 October 2013

well described by Mr Kumar Doab.

saran (Sr. US IT Technical recruiter)     25 December 2013

Currently am working in US IT Recruiting company from Aug.On the date of joining "they said 15days training period and 30 probation period.In that probation period they give as a salary of 4,000.and they said after probation and training period you will get 8,000per month as a salary. After finishing the probation period only we provide the offer letter.Again they said before joining in this company you will surrender your original certificated. If you resign the job in that working period we won't return your certificate on the date of resigning .We will provide after 6months from the date of resigning."Now i don't know what to do.Still i didn't get any offer letter or conformation letter. They are not consider my previous experience and even they are not given basic responsibility.Now i need to change my role.Can you help me, what can i do next??

saran (Sr. US IT Technical recruiter)     25 December 2013

Currently am working in US IT Recruiting company from Aug.On the date of joining "they said 15days training period and 30 probation period.In that probation period they give as a salary of 4,000.and they said after probation and training period you will get 8,000per month as a salary. After finishing the probation period only we provide the offer letter.Again they said before joining in this company you will surrender your original certificated. If you resign the job in that working period we won't return your certificate on the date of resigning .We will provide after 6months from the date of resigning."Now i don't know what to do.Still i didn't get any offer letter or conformation letter. They are not consider my previous experience and even they are not given basic responsibility.Now i need to change my role.Can you help me, what can i do next??

saran (Sr. US IT Technical recruiter)     25 December 2013

Currently am working in US IT Recruiting company from Aug.On the date of joining "they said 15days training period and 30 probation period.In that probation period they give as a salary of 4,000.and they said after probation and training period you will get 8,000per month as a salary. After finishing the probation period only we provide the offer letter.Again they said before joining in this company you will surrender your original certificated. If you resign the job in that working period we won't return your certificate on the date of resigning .We will provide after 6months from the date of resigning."Now i don't know what to do.Still i didn't get any offer letter or conformation letter. They are not consider my previous experience and even they are not given basic responsibility.Now i need to change my role.Can you help me, what can i do next??

Kumar Doab (FIN)     25 December 2013

@ Saran,

 

Other thread by you:

 

https://www.lawyersclubindia.com/forum/Management-misbehave--94611.asp#.Urq7btIW1MA

 

You are entitled to get appointment letter.


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