Offer Letter CLAUSE - Service Agreement Bond

Querist : Anonymous (Querist) 03 January 2011 This query is : Resolved
Dear Experts,

I have joined a company where the OFFER LETTER clause states about 3 year service agreement bond. I was not comfortable with this clause and indicated the same to management.

They still appointed me to their services and deputed me to work. Due to personal reasons,I am leaving before 3 years. I have served the notice period required by the company with their acknowledgement.

However on the last day of notice period, they have served me notice demanding BOND money on the basis of the CLAUSE in offer letter without which I will not be relieved from services.
Obviously they have refused to give me relieving letter.

I have not executed any legal service agreement/bond with the company.

Please guide me to obtain relieve myself from their services. Is the service agreement enforceable on the basis of clause in offer letter?

Thanks a lot for your help,

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R.Ramachandran (Expert) 04 January 2011
Have you given any letter to the management that the 3 year clause is not acceptable to you before joining the company?
If not, it would be construed that you agreed to the 3 year term contained in the Offer letter and consequently you would be bound by that clause.

Ajay Bansal (Expert) 04 January 2011
See A.I.R. Manual.

Surendra Singh Chandrawat (Expert) 04 January 2011
You will be relieved on giving proof of written indication and shown non comfortability on 3 year clause otherwise not.

Querist : Anonymous (Querist) 04 January 2011
Dear All,

I was supposed to submit the service agreement bond on joining which I did not. Due to this problem, they had delayed my initial salary for more than 2 months. I do not have the written letter copy of my disagreement.

Still they appointed me to the service and deputed me to work with complete knowledge that I have not submitted service agreement bond. For the next 12 months there was no communication from their end even though I had not submitted copy of the bond.

Now on my resignation they have raised this issue on the basis of the clause. Again I have not submitted any legal service agreement document.
Pls guide.

R.Ramachandran (Expert) 04 January 2011
If you had not given any written communication that you are not agreeable for a particular condition, it would only mean that you have accepted the offer letter without any reservation. Therefore you would be bound by the terms contained in the offer letter (whether there is any separate service agreement signed by you or not).

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