aloy (Professor) 04 August 2014

Employer bond

i am a professor and i attended an interview in a private university in May. i was selected and they asked all the candidates to submit the certificates and sign a letter saying that if any of us are not able to join due to some reason, we have to pay 3 months salary towards damages. In fact, nothing was paid to us and we paid for our food and travel. The interview was conducted in May and we were asked to join in July. They didn't want us to join in may to save salary.

All of us signed due to various difficult situations we faced. Later I came to know that the wok culture in the university is not good and they force people to sign three years bond. My friends discouraged me from joining the college and i sent a mail to them declining the offer.

Now i have received a letter from the university that i have to pay 3 months' salary towards damages as I have signed. Is this legal? Can i file a complaint in the labour court?

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Kumar Doab (FIN) 04 August 2014

Have you submitted your original certificates?

Has the Univ. issued receipt of collecting original certificates from you?

Did the Univ. issue any communication to submit original certificates?

The original certificates are your property and NO employer can have any lien on it.

The Teachers have been not covered as ‘Workman’ as in ID Act hence the Labor Office may not accept your complaint. However you may check on your own.

The Univ. has claimed the liquidated damages as accepted by you in the letter that was probably typed by Univ. and that you were asked to sign.

Your lawyer may opine that liquidated damages may not have to be paid on demand and Univ. would have to prove the cost. Univ. may claim that it has incurred huge cost on process of advt., interview, selection etc.

Meet a lawyer specializing in Labor/Service matters with copy of job advt., interview call letter, selection letter, offer letter, letter that you signed to pay liquidated damages, notice sent by Univ. and proceed under advice of your lawyer.

You may also refer to the State Education Act, and approach private teachers associations.