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Manish (SR MANAGER HR & ADMIN)     12 December 2011

Bond implication

Dear All,


When an employer takes a bond from the candidate after joining (not disclosing the same during interview and joining process,)  for a period of 3 yrs and also includes liquidity damages if employee resigns/terminated,for a  very high value,  say 18 lacs.  He forces employees to sign the bond on a Rs 100 stamp paper and uses the tactis of not paying the salries till bond is signed.


Can an employee leave the job without paying the liquidity damages and what are the legal implications.

 

Thanks,

 

Exiaf



Learning

 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 December 2011

Dear Manish

if any bond is required, such a clause should , therefore, be inserted in the appointment letter, if not & after joining the company playing with the employee it is illigal & against the terms & condition of appointment letter. employee can leave the job after given a notice for this tactis with reason.

feel free to call

Kumar Doab (FIN)     12 December 2011

Learned Mr. Nadeem has given valuable advice. Kindly follow it.

In your specific query you have the right, and you must submit your protest/dissent, at once, under proper acknowledgment, in writing in a gentle manner, addresses to your appointing authorities. Employer may;

-ask you to resign and if it happens you can ask for waiver of notice pay. You may however submit notice of resignation (under proper acknowledgment by redg post and one copy under acknowledgment at mail counter of the company) with effective date of resignation clearly mentioned in it. You may utilize the time to finalize your next venture. You can withdraw the notice if required before effective date of resignation. You shall need to apply your negotiation, persuasion, persistence, persuasion, skills and support from your line management, HR. Be smart.

-terminate the contract citing a reason or without a reason. In both cases you can contest. If you have already, submitted your protest/dissent under acknowledgment, this can help you.

 

Some organizations declare the condition of service bond even in advertisement, and later in offer letter, appointment letter. However, the huge, harsh, unreasonable, unjustifiable, penalties can be contested. But it is always better to consult elders in the family, competent and experienced well wishers, lawyer/law firm, before signing on the dotted line, without understanding the implications, and suffer later.

 


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