ZUBIN PANDIT (SOFTWARE ENGINEER) 10 July 2013

Employment bond

Sir,

I have an urgent question, i ned your help.

in october 2012 i have joined a company daffodil software and there is a bond of 1 year if i breach the bond i have to pay 2 months salary that is 42000 and i have worked there around 3 months. Actually I am having spacks my eyes are weak my eye number is high so what happened one day i was working my headache is paining so much so i think my eye number has been raised so i consult an eye specialist my number has increased to -9 and also doctor told me that there are holes in retina. So, i undergo a medical leave from company. I was dome with the surgery for retina holes but my eye number is still -9 so doctor advised me not sit in front of computer otherwise your eye number will increase more. So, until my second surgery not done for reducing my eye number doctor advised me not to sit in front of computer. Moreover I am software enginner my work is to do programming in front of computer for long hours. Now, i have informed my company about my medical health and i am on leave without pay from 6 months but recently company send me a letter that please tell your joining date or if you do not wish to continue do the exit formalities and fulfill terms and conditions agreed by you.

Sir, right now by eye number is not stable and in this case surgery cannot be done. So, doctor told me to have wait for december 2013 to check if any disease is there in an aye or not.

So, sir i want to ask what should i do whether should i send a resignation letter to company by post or informed my company to wait until my surgery got done.

please help me. I am not financially too strong to give 42000 rs of bond.

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2 Replies

Kumar Doab (FIN) 11 July 2013

First of all avoid joining companies which demand to sign employment bond, submit original documents of education qualification, sureties, guarantors, collaterals, FD with lien marked in favor of company…………………………or ask to become member of some privately controlled establishments which have the right to post comments on candidature and worthiness of employment e.g. NSR of NASSCHOM……………….and be a member of many of the unions/associations/IC’s/Guilds of employee’s …………..and if you are in a trade where “NO” employer will employ, keep access to a lawyer/law firm to guide and defend from legal traps…………………….and legal injury.

What is the ground for inserting demanding salary for 2 months: has this company invested on training which would add to qualification or provide some extra ordinary skills?

The document referred to as ‘Bond’ by you is service agreement or some kind of bond and amount of 2 month’s salary is mentioned as liquidated damages…………..?

Has the company and parted with and supplied you certified/original copy of this bond to you?

In addition to it there any clause on notice period/pay in appointment letter issued to you?

Usually companies state in appointment letter that employment can be terminated if employee is on prolonged absence due to……………….. including sickness…………

If you have all advices of the doctor stated by you recorded on prescripttion of the doctor then you can supply a copy to the company and thus a reason for your absence……………

If you are not employed elsewhere you can state so with confidence.

If you wish to resign you may beforehand request for waiver of notice period/pay, bond amount……………to good offices of appointing authority, MD, Chairman…………..and claim that situation is not willfully created by you……………..and affirm in writing to handover the charge/company property (if any)………………

If you wish you can request for extension of leave till the period as recommended by doctor, supported by doctor’s proper advise/medical certificate………………and let the company issue order of termination………………..

It is felt that if your docs are in Order and you have been transacting in writing, Company may not peruse the recovery of amounts stated in documents signed and accepted by you. Or it may subject you to a drill of its procedures : issue some letters, notices, and then fall silent...........If the matter lands up in court, the court shall decide.

If it does you shall have to contest or pay…………………

It shall be appropriate to show all of your documents and records to a competent and experienced labor consultant/service lawyer specializing in such matters and proceed under expert advice of your lawyer. The lawyer that has examined all documents and merits can advise you best.

In the meantime you may go thru the attachments.

Attached File : 798671855 417759075 validity of employment bonds.pdf, 798671855 background paper.pdf downloaded: 227 times

Adv k . mahesh (advocate) 12 July 2013

do not resign the job but extend your leave without pay till doctor says you to work and submit the docotr advice letter to the office as doctor said not to work before the system because once you resign you are trapped by the company to pay the amount and they will harass another mental tension to you

as you are without pay ask company to extend the leave by giving formal letter with acknowledgement on that letter