Legal notice for resignation during probation period, bond was signed
Shekhar
(Querist) 25 August 2012
This query is : Resolved
Hi,
Joined a company and asked to sign a bond for 2 lakh Rs for 2 years period then only offer letter will be given (this information was not given during interview). Signed the bond and joined the company but Within 15 days after joining found many problems and thus resigned without taking any salary. Now got legal notice from their legal adviser to pay the bond amount 2 Lakh rupees within 15 days of receiving the notice.
Reason for resignation:
1. Corporate grade was not as per experience in the industry so no career growth there
2. Work was not same what was informed over the phone
3. During training (another location) accommodation was not proper, fallen sick.
4. Requested for separate accommodation but not provided
5. Company treated like a bonded labour so decided not to work with such company thus sent resignation e-mail with reasons and stop going to office.
6. Not even completed training, not taken any salary, was in probation period only, now got legal notice from Legal firm saying to pay 2 lakh Rs amount to their client.
7. I am not doing any job, already i am in problem Please advice.
Yogesh Anand
(Expert) 25 August 2012
The bond cannot be enforced by the co. against you as it is illegal to get bond signed while giving job. It is only in those cases where co. spends huge amount on the skill upgradation of the employee that it can ask for serving for a specific period after skill upgradation and if you leave the co. before that time then co. can seek compensation under the bond.
Devajyoti Barman
(Expert) 26 August 2012
The contents in BOND needs to be seen.
Its validity or invalidity depends on its terms and conditions.
Agreement in restraint of trade is otherwise void.
Guest
(Expert) 26 August 2012
Terms of probation and bond would prevail unless proved to be violative of any law or terms of appointment. You could not have signed a bond without getting written assurances as explained during interview.
Had you noticed variation of terms explained to you during interview or through the appointment letter, you could well have represented to the management for restoration of the facilities, or requirements, as assured to you at the time of appointment.
R.K Nanda
(Expert) 26 August 2012
File strong written reply to LN of CO and deny its contents specifically. U r not liable to pay any amount to co.
prabhakar singh
(Expert) 26 August 2012
Reply the notice denying the allegations made therein stating circumstances you have told us asserting the fact that Bond was the result of fraud and misrepresentation played upon you by the company management hence bond is tented one and not binding on you;but for doing all this better go in touch of a local civil lawyer.
Shekhar
(Querist) 27 August 2012
Hello sir, checked the bond paper, it says training will be provided for three months and total cost will come 2 lakh rs but the fact is out of 15 days in office, most of the time i was siting idle. I was not given any technical training which will enhance my knowledge. within few days of training i realised this is not which i was told. Can i reply through e-mail rather than sending reply through a lawyer?
Yogesh Anand
(Expert) 27 August 2012
Yes you can reply by email. Take the gist of all legal opinions given above and shoot the reply.
