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Pinky (Junior Software Engineer(Trainee))     20 September 2010

Breakign emloyment Bond due to health problem.

Sir,

I Joined a pvt. IT firm as Junior Software Engineer. The probabtion period was 6 months. I had to resign the  company after working 2 months due to my health conditions. The company had 24/7 shifts and also I had work around 12-14 hours almost most of the days, which caused great problem for my eyes. Doctors told me to discontinue the work as it would badly effect my eyes, which was an after effect of a disease which i suffered from my childhood onwards. I had to discontinue from the work after 2 months. Also the company has 1 month notice period which i could not follow due to my health conditions. The company training was around 15 days.

The company has kept my orginal certificates( 10th, 12th and B.Tech) which they are not returning now, until I pay the bond amount of 78,000 Rs as liquidated damages. Sir My family cant afford to pay such a huge amount.  I already have an educational loan, which i havent complete the payemnt. So my family cant affort such a huge price. They had made me sign a blank cheque of the bond amount prior to the joining .

Sir I am totally depreesed , Please sugegst a way so that i could get my certificates back.

Also the company told that if i dont pay the bond they would move legally.

Sir please help me out of this .



Learning

 6 Replies

Rashmita Saikia (Lawyer)     20 September 2010

Hi,


Try to convince your HR that you are not keeping well and unable to continue the job. Also provide the Doctor's cirtificate for the same. Alternatively you try to serve the notice period, work for 2- 3 days continuously then take leave(sick leave). If needed serve doctor's cirtificate.

Rashmita Saikia (Lawyer)     20 September 2010

Do not forget to take a copy of your resignation letter copy with date of resignation and last working date.

1 Like

Pinky (Junior Software Engineer(Trainee))     20 September 2010

Thanks Mam for your reply.

I had already tried to convince my HR. Even my parents had spoke to the HR, but they have told my parents not to interfere in the company matters.  They already have the copy of the medical certificate.

Regarding the resignation letter, they din accept my resignation, so I don hav any resignation letter from them as such.
Currently they have marked me as a long leave in their records.

Rashmita Saikia (Lawyer)     20 September 2010

Let them mark leave/absense whatever. Just keep a copy of the email you have send to your supervisor/mager/HR as evidence of sending resignation. Even though they are not accepting you have to keep the copy. Complete one month of notice period with taking leaves and all. Read through once again the bond you have signed with them.

 

Regards,

Rashmita

Rashmita Saikia (Lawyer)     21 September 2010

Please go through the Topic "Service Bond" and the reply posted by Surya Prabha


The answer is  very clear and relevent to your question.

Surya Prabha says:

It is  illegal to keep your original certificates. All testimonials of the employees or candidates appearing or interview is his personal property.  The employer cannot hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same.
As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.

As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.

Bonds are applicable only if the company has spend money on the personal grooving and enhancement of the employees, but not just a training that helps employees perform better.

 

Regards,

Rashmita

1 Like

Pinky (Junior Software Engineer(Trainee))     21 September 2010

Thank You Mam soo much.. :)

I have read the bond paper, in that they have just meant about the signing the blank cheque and paying them the bond money on breakign the bond.

Once again...Thank you soo much.  Feeling relieved a lot  :)


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