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need some help from corporate law expert?


In Nov, I joined a company and left it after 2 weeks. I knew i would leave it as I just joined it to see a big city where company was located. Company had 2 year bond agreement which required me to pay 2 lakh if leave the company before 2 years. Since, I already knew I would leave the company within a month, my father signed for Indemnifier (person who would pay 2 lakh if i break the bond) and did wrong signatures intentionally and got the agreement notarized. 

Know company is sending me mails to pay the bond amount.What should I do?

The thing to pay attention here is that The signatures are wrong. Should I stop responding to any of the notices by company and do not accept its couriers? If company goes to court, And if I again do not go to court, what would happen?

Please give proper answer. The comapny head office is in bangalore and I live in chandigarh.

 
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Lawyer in Hyderabad.wats app no.9989324294

 An employment bond is similar to a contract. You usually have to sign it at the time you are hired on your new job. A lot of times it is easier to get in a job than out of one. If you do decided to leave, you have to read your employment bond to see how much notice the current company needs. The requirements will differ from company to company. If company noticed that your signatures are wrong, You & notary officer also may face criminal case for breach of trust on you.


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Thnaks for replying. 

 

Yeah, I know I have done a blunder. But please adive is there any way to escape this situation? Also, does big IT comapnies usually pursue the bond agreements seriously or not?

 
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Advocate

IT companies are serious about bond agreements - since there have been several cases of employee absconding ... you need to write to company authorities and argue for a waiver of 2 lakhs ... secondly if you left in 2 weeks - what was written in the exit interview ... call me on 9823164284


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I tried to contect you but you seemed busy. I have heard of a person who also left the company just after few days and he also received letter from the company to pay the fine of 25,000 only as he was terminated within a week whereas I was declared a absentee and was terminated in february 1 ,2013 (almost 2 months after i left the company). And so they are asking me 2lakh 21 thousand from me. On leaving the comapny I had said that I have medical issuaes and wont be coming back, so kindly accept my resignation. But they declared me a absentee instead of terminating me immediately.

The person didnot reply to the company in any form and since then company also did not contact him again. Should I also break all communication like refusing to accept couriers and phone calls. They may stop themselves. Or should I send them exemption letter? Do these comapnies usually grant exemption from bond if requested?

 
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Advocate

If your services were terminated - either by resignation letter, or the company felt so ... then you need not pay ... but all such things needs to be sorted out with the company. You need to give a proper reply ... if you need I can help you out with the reply ... you can send me the details on adv.gokhale@gmail.com

 
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Mail sent

 
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is coducting board meeting in every three months necessary in a pvt. co.?

 
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BE/ LLM in Corporate Laws

Two wrongs do not make a right, it is said.

First you joined the company for your pleasure and then you submitted forged papers to get into it.

Now first things first. Your father's wrong signature on an Notarised document. In this regard, please note that the job of a Notary is not to verify the signature. His job is to identify the person. "Signed before me" is what a Notary certifies and nothing else. I dont think, your father has given a wrong address and wrong name in the Agreement. Even then, the company will have enough proofs that you did join the company and the agreement was submitted by you only and the company has not forged it. So to my mind, that channel is closed for you.

Now to get out of the whole thing. You cannot get out of the situation through law atleast. The only hope is that you negotiate with the company to have mercy on you. To my mind, some companies are very strict in enforcing the Employment Contract whereas some are not. But since you worked for only 2 weeks, it is most likely that the company has not incurred any expenditure on you on training etc. So it may not enforce the contract. So better approach the company, better through a personal channel like a friendly collegue etc. working in the company or meet the HR Manager on personal basis and try to find out any means to get out of the situation.

 
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