Service bond query....
Sagar
(Querist) 23 May 2012
This query is : Resolved
Dear All,
My name is Sagar and I have passe BE(Mech) in 2011, 6 months before I joined a reputed company but I am not on a pay roll of company, and service bond signed by me with the one of the dealer of the company.
Initially 1 and 1/2 month company gives me good training I was really interested in the job even I was on the field I work with interest, But since first month there is problem of salary and it is very tough to survive on the field without money bcoz this job needs extensive travelling and finally I put my resignation to the company after facing so much trouble on the field without money. also I got an admission to pursue higher studies.
Service bond says I have to pay 100000RS if I break the bond but my 55000 Rs is already there with company as i did not get my salary as well as reimbursement.
Till moment they did not ask me about the money, 31may 2012 is my last day of working.
I need your suggestion in this case whether the bond is valid, Can company demand the money even if they are holding my salary with them?
Guest
(Expert) 23 May 2012
Bond is valid. Your salary dues can be adjusted against the bond amount. Instead of guessing, better ask your company in writing to give you the position of full & final as on 31.05.2012 and buy mental peace for you for ever from the side of the company by settling the account before you leave the company.
S Jadhav 98336 98330
(Expert) 23 May 2012
Bonds signed by employees when they join a company are not really enforceable unless the company can prove that they have provided you the training that would have cost so much.
Also since the two parties to contract are not having similar standing and power, in case the matter goes to Court, the Courts take a view that the contract is not maintainable.
also the company, if it is reputed would not spoil its image by pursuing such a case, especially when they have not paid you salary and are employing people on their dealer's rolls.
So you may ignore the bond and also fight for your rightful salary as per the employment contract that they have issued you since the salary amount is very significant for you though for the company it is too small.
S Jadhav
Sagar
(Querist) 23 May 2012
Dhingra sir and Jadhav Sir, I am really thankful for your reply to my query...
Guest
(Expert) 23 May 2012
You are welcome, Mr. Sagar.