Absconding and company holding original certificates

SIBA PRASAD NAIK (Querist) 15 February 2013 This query is : Resolved
I joined an organisation 3 months back, wherein in offer letter which i accepted talks about paying training cost/ management cost if i leave before one year. The company also holds my original certificates for same. currently am in probation period and two months notice is there to serve..

Currently i dont like the organization and am working out other offers. If i dont go to office (absconding) and ask to return my certificates will they file legal suit on my name. I did not sign any other bond apart from acceptance of offer letter. The company may threaten in not providing relieving letter also....I do not worry about certificates as one of my only provisional mark sheet is there with them..

Please help me with ways how i can overcome the situation.
Thanks and Regards
Siba Naik

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prabhakar singh (Expert) 15 February 2013
If you are breaching any agreement,it is actionable by opposite party by a law suit.That is all we can say.

Whether they shall really file the suit or not is their option upon which no prediction
is possible.

Guest (Expert) 15 February 2013
Irrespective of not signing any bond, acceptance of terms and conditions of offer letter is sufficient to make you liable to compensate the company as per the agreed terms. If you don't compensate the company, they can sue you for breach of terms and would claim that amount through court of law also.

If you abscond from duty, they can take necessary disciplinaty action against you for misconduct, which may lead to your termination as a punishment. On termination as of penalty, no relieving letter is issued to the employee. On background verification on joining any other company that may cost you with your service also with the other company.

So far as your certificates are concerned, th company can't withhold, as that is your own property. Start making correspondence with the management for return of certificates.

SIBA PRASAD NAIK (Querist) 15 February 2013
Sir, Thanks for advice, Certificates company wont release as i have already tried and as per terms i accepted, if i leave company before 1 year have to pay training and management cost...which is a generic statement no amount is mentioned in offer letter. Company may demand 1-2 lakhs to pay which i difficult in my part to pay...How can i handle such situation. Please help me..

ajay sethi (Expert) 15 February 2013
leave gracefully .submit your resignation letter . give 2 months notice . tak e relieving letter and then part on amicable terms .