Mohd Zeeshan (Officer) 26 September 2012

Employment bond problem please help.

Hi Everyone

I am having one problem which I am really tensed about. Please Help me out.

Actually the scene is I joined an indian bank last year. At the time of recruitment the bank made me sign a service bond of Rs.1.5 lakh plus 3 months notice for 3 years. And for that purpose they also confiscated our educational documents in original. I was lured by the salary and signed it.

Now I have resigned from the service due to my family problems and they are asking me to pay the compensation amount plus notice period amount. Otherwise they will neither give my documents back nor they will issue relieving cum experience letter. And as per them they will register an FIR and file a suit against me.

So I request you all to suggest me that whether legally they can enforce upon me that contract or not? And should I obey the contract? And Can I demand of giving my documents back without paying money?

Because without my documents I am not able to get another job in my domicile.

Thanks for your all Support in advance.

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 September 2012

In my opinion, Please take back your resignation letter. Fulfil the contract period. Convince your bank officials.

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Kumar Doab (FIN) 26 September 2012

You may show your appointment letter, bond, service rule book, standing orders of the bank { if extended to your designation}to a competent and experienced service lawyer and give inputs in person. The bond may be in violation of standing orders.

Let your lawyer evaluate the merits, and suggest the appropriate forum and remedy to you.

You may take a qualified decision as suitable to you.

You have posted that you have signed the contract by your free will.

Original Certificates should not be withheld for ever or infinite period. Bank can ask you to show the originals, to mark OSV on the copies provided by you.

Has the bank issued any acknowledgment of collection/retention of your certificates?

It is felt that the matter is civil and bank may proceed to file a civil suite.

Bank can become adamant to not to issue relieving letter, service certificate.

Bank may have its own version, however courts shall decide that if at all you have to pay an mount to bank or not and if yes how much.

If bank has provided training which added special skills or added to your qualification, bank may stake claim and courts may limit to amount actually spent on you. Bank may not be able to add force to its claim if bank has provided some training required to perform your day to day job or implement strategies, policies of the bank.

You may find the attachments useful.

You may try other options e.g. payment on prorated basis i.e. 150000/36* no. of months and a written agreement to issue relieving letter, service certificate, and avoid litigation.

Attached File : 278726369 417759075 validity of employment bonds.pdf, 278726369 background paper.pdf downloaded: 164 times