Bond signing after submitting resignation letter

Start building written and favorable record now.

If possible record (audio/visual) demand/coercion to sign a bond from back date.

This shall be irrefutable evidence in your hands.

Back dated document can not be created.............................

The employer can award punishment to HR personnel or whosoever has erred in your case and that is why they are transferring the onus on your head...............

Moreover if 3Y have already passed from date of leaving for USA then employer won’t have any force in its contentions.

If at all the bond was required to be created on the date sanction was granted to leave for USA then the employer may issue a written communication mentioning that they erred and the bond should be signed now:::::::which they shall not do to save their skin.........................................

In current scenario they can’t hold on to relieving letter if you have submitted notice of resignation (under acknowledgment) in line with appointment letter/contract of employment, service rules, standing orders, and have served notice period, have not left any pending tasks assignments (mention it in notice of resignation and subsequent communications), have offered to handover the charge and comply with service rules, and rules do not warrant Bond in case of training/business trip undertaken by you ................................

Relieving letter signifies that nothing is pending/due towards employee.

Looking into the conduct of employer it may not be in fact issued to you or issued to you easily.

The act of the line managers/HR and employer is nothing but arm twisting, intimidation, coercion, blackmail................................

You do not see to be interested in signing the bond from back date or from current date...........................and refund any costs also to employer.............................

The dispute is in front of you and is imminent.

This is the time to prepare evidence in your favor so that if you have to knock at the doors of Employee’s unions, Grievance Redressal Committee, Labor Office, Court of law you should have quality material on record.

You may approach a labor consultant/service lawyer with copies of all documents, rules, policies, and give inputs in person.

The lawyer that has seen the docs and has analyzed the inputs can advice you the best.

Let your lawyer structure all represntations now................

Thanks for reply Mr. Kumar Doab.

Mr. Kumar, I am in service for 3.5 years and i went to USA arounf 7 months ago. The bond was for 2 years or amount 2.5 lacs.

Actually, My head of department is not forawrding my resignation letter to HR dept. He sent back  the letter 3-4 times by repeating the same thing that you have to fill the bond else I will nor accept the letter. They are giving reference of personnel manual by saying that you had to know the rule. I think it is not for me to remember the each and every responsibility of HR person. Then why the bond, let it be assumed according to the personnel manual. 

Now I dont know what to do. It is like that i am in a prison and its their wish whether i will leave the company or not.

Can i send the legal notice to individuals of accepting authority?

Thanks & regards,

Rinku Mittal

If at all any BOND has to be created it has to be created by Employer that wants an employee to sign the  Bond in lieu of ..................................................say expenses it has incurred on Training.

The employer should supply an explicit and personalized communication before hand to employee stating that a BOND shall have to be signed in lieu of....................................................( training, or a business trip ) giving full option  to employee to accept or reject.

Another point is that employer has the power and discretion to waive off anything and everything that is stated in rules or say................................................. personnel manual.

Moreover you have claimed it was not training, but a business trip.

The employee shall not go to employer and plead ‘Sir, Please create a bond since you are sending me to ..........................for........................ training, or a business trip.

If it was a business trip then you must have generated revenue for the employer from it. Hence there should not be BOND in lieu of it. 

You are not employee of your HOD or HR.

Your HOD and HR is just another employee like you in the establishment.

An employee should submit resignation to good offices of appointing authority, MD under proper acknowledgment.

If you have submitted to your HOD (hope you have sent under proper acknowledgment) then he is duty bound to forward it to appointing authority, MD under proper acknowledgment for acceptance.................................................

Has your HOD sent it back to you each time in writing with comments in writing under proper acknowledgment from you?

You can submit resignation to good offices of appointing authority, MD under proper acknowledgment and if deemed fit at your end you can mention that in dated .........................you have already sent it to your HOD.

It is reiterated that The dispute is in front of you and is imminent.

This is the time to prepare evidence in your favor so that if you have to knock at the doors of Employee’s unions, Grievance Redressal Committee, Labor Office, Court of law you should have quality material on record.

You may approach a labor consultant/service lawyer with copies of all documents, rules, policies, and give inputs in person.

The lawyer that has seen the docs and has analyzed the inputs can advice you the best.

Let your lawyer structure all representations now................

Hi Sir

I joined company on 18th nov 2015as a fresher. That time company signed abond of 2years and if braked compensation of  1lakh rs.I was working here from last 22 momths without any technology just a buffer, no dependency , no work almost. So now on 21st  august i decided to take admission in mba college, mumbai for higher studies. But as my bond is getting completed on 18th nov my hr is not ready to release me. But i have no dependency still she is saying no. I am ready to buy out notice periiod amount i.e 27000 but she is saying pay 1 lakh. For 2 montsh its not affoirdable to pay 1 lakh. but she is saying no. also the day i resigned my manager humiliated me badly for which i complain to my dm and hr but no response. wotking enviorment is pathetic over here. I cant serve notice period my college has been started. i took medical leave for 15 days but now my hr told if u took any leave on 2nd day i will abscond you. sir tell me what i should do? its 22 months of experience. I cant pay 1 lakh.