Anil (Developer) 22 February 2015

Employment contract breach

I had signed a bond with Noida based software company. I served 6 months as trainee and 6 months as associate software developer there. I had signed a bond of 15 months. I have to pay 6 months salary if I leave before 15 months. I have received offer from MNC. I have resigned from my current company. They are not accepting my resignation.

They are threatening me to take legal action or to pay Rs. 116000 . They have not given me any training. But they have sent a notice in which they have mentioned training cost Rs. 80000 and 2 months notice period money i.e. 36000. But no clause regarding training is mentioned in bond. In case of breach, 6 months salary is to be paid, only this clause is mentioned.

Please, advice me what i can do in this matter and what is the legality of this bond?? I have resigned and stopped going there.

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5 Replies

vigya (SE) 23 February 2015

Hi,

I worked in a IT comp in noida and served 13 months there. But there was a bond of 18 months.

I left the company as i was heading for Netherlands for my master so i have to go.

I breach the contract and now they are saying that you have to pay 1,50,000 as a bond amount ans is not issuing any relieving letter to me which is hampering my job perspective. Recently i lost my job because of not having relieving letter from that company .

I want to file a complaint against that company as it cost me my job.

Please kindly suggest

vigya

8376092579

(Guest)

Language of the bond is required to be examined and analysed before forming some conclsive opinion.

Kumar Doab (FIN) 01 March 2015

If the Bond/Service Agreement was created in lieu of some certified Training from some certified Inst. and/or that would add some extra ordinary qualification to the employee ............................and if no such training was provided the Bond may get termed as void, unconscionable,…………………

The training that is required to enable the employee to handle the counters of employer should be provided without any cost to employee……………

As per various publications such matters are prevalent in IT/ITeS/Software companies and many of the HR personnel/employers litter nuisance……………………….

There are many IT employees unions now and have affiliated with trade unions like CITU,INTUC,AITUC,BMS…………………..and the unions and your able labor Law Consultant/Service matters lawyer can defend you………….

Approach your counsel with copies of all docs on record and proceed further after understanding the merits and remedies....

vigya (SE) 01 March 2015

Dear kumar Doab sir,

Thanks a lot for the reply.

Sir i would like to mention here that no certified training was provided and there was no plan intended. Only the initial and very basic training was provided related to employer only. I talked to the concern authority of company and they are saying that won't provide the relieving letter at any cost. However, if i pay them the bond amount than they will give me the work ex letter.

Sir i need both relieving as well as work ex certificate. They have marked me absconded.

Sir i lost my job because of them is there any provision for compensation also?

please reply soon.

thanks and regards

Vigya

Kumar Doab (FIN) 01 March 2015

If you have submitted resignation then you have neither absconded nor abandoned.

And if you have copy and acknowledgment it is much better.

Don’t pay anything until advised by your lawyer.

If you recorded the declinature on record (audio/visual/minutes/witnessed) then it is an evidence otherwise it shall be difficult to prove!

You may find the following threads and judgment cited as relevant

https://www.lawyersclubindia.com/forum/Absconding-from-employment-117387.asp#.VPMTF9Kqqko

https://www.lawyersclubindia.com/forum/How-to-deal-with-absconding-employee-116502.asp#.VPMTNNKqqko

You may consult Employee’s/Trade Unions e.g. CITU,INTUC,AITUC,BMS etc leaders, Labor Law Consultant with copies of all docs on record and proceed further under expert guidance of your lawyer.