Software employment bond
sudhakara prasad kolli
(Querist) 30 November 2014
This query is : Resolved
my son joined in small software company at hyderabad. at the time of training company taken a bond from my son which is duly signed. After one month my daughter got job very good company with higher salary. now my son resigned and joined in new company on the next day. if company refuse to accept resignation or making complicate the matter to my son, weather my son get any problem for breach of contract which is given to company. is the law in favour of company or to my son? brach of contract by my son has to pay to the company for 3 months salary to the company. we are willing to pay. please clarify at the earliest and oblige>
Guest
(Expert) 30 November 2014
First Line you have stated as Your Son and Second Line as Your Daughter any how it is immaterial.Let your Son/Daughter Meet the officials of Small Soft Ware Company Discuss and Sort it out Amicably.Or send the 3 months salary by way of D/D or Cheque with covering Letter explaining in Detail.Once the D/D or Cheque is encashed by them Obviously they have accepted your Resignation Proposal Also
Guest
(Expert) 30 November 2014
Breach of contract on the part of your son or dauthter, whosoever he or she is, will go in favour of the company. Signing of bond could well have been given thought before signing. Moreover, if your son/daughter has got better career, what is hesitation in paying the agreed bond amount equivalent to three months salary, more so when you are willing to pay.
ajay sethi
(Expert) 30 November 2014
pay 3 months notice period under the contract and resign fro the company
Rajendra K Goyal
(Expert) 30 November 2014
The Bond amount has to be paid if bond broken.
Kumar Doab
(Expert) 30 November 2014
You are willing to pay.
The questions arises that still would the company be willing to provide............ the acknowledgment and acceptance of resignation,service certificate,relieving letter,FnF statement correct and original,Form16 as per correct FnF statement,Payment of FnF dues by bank DD only,PF number and a/c slips,salary slips of all months,ESIC card,NOC/NDC...........etc?
The HR as per some internal and private policies of the company for it,may not agree....
Hence it shall be appropriate to reduce everything in writing and obtain concurrence in writing.
Do you have the copy of the Bond?
Has the employee handed over the charge,completed the exit formalities? Is the company willing to waive off the formality of handing over of the charge and would it agree to remove the adverse comments inserted if any in personnel file and supply reliving letter with good comments (avoid without or with negative comments)?
You can also ask the company to adjust all penal charges like liquidated damages in Bond,notice pay etc in FnF statement and supply the original for verification and acceptance................and thus build some ground for negotiation to resolve the matter in your favor.
You should affirm that no tasks were pending at the end of employee.
The Bond is created in lieu of which extra ordinary favor by the company e.g. some training from a certified Inst?
If there as none your lawyer may opine that Bond is unconscionable...........
The training provided regrading products/policies/strategies etc to enable the employee to handle the counters of the company should be without any cost to employee.....
Such companies are covered by AP Shops and Commercial Establishments Act that was enacted to govern the service conditions of the employees working in such establishments.
T. Kalaiselvan, Advocate
(Expert) 05 December 2014
As rightly observed by experts, your ward has committed a breach of contract, he may follow it up wit the company to comply with the procedure of remitting three months salary as is required by the terms and conditions of the employment offer letter provided the company accepts it or else has to negotiate with the company because it may render an adverse report which may ruin his career.
