service bond break !

Dear All

I want an opinion that in a service bond which is for 5 years it is mentioned that you will serve the compny for five years and in case of leaving the organisation before that period you will be liable to pay 3 months gross salary calculated at the rate of salary drawn during the last month.

The bais facts are Probation period is six month, (Service Bond period is calculated frm the date of joining) 

1.Agreement is silent for the any notice period provided by the company to employee.

2.Its purely in favour of the company and nothing is mentioned about the future prospects and any other liability towards company

3.Company besides PF also deducting supperannuation,security,part of the bonus from salary.

4, In service bond there is also a clause of liquidated damage which says that in case of disclosure of classified inforation and proprietory information the employee shall be liable to pay fine rs.40,000/ for every such violation.

My Questions are:

Whether one sided service bond where no training is provided by the company to employee is valid?

In case of leaving the organisation by the employee can company recover three month gross salary and if yes then what would be the calculation if any employee before giving notice takes leave and  draw a salary total 10000 instead of gross 50000 and only thereafter gives notice to employer for immediate leaving . What would be consequences?

In case of resignation can they file any criminal complaint for absconding b'cz they will never give any receiving of resignation and also any receiving for submitting papers.

Kindly guide how he can leave the organisation and also  save money and what should he do for leaving?




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