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Gautam (Engg)     31 May 2012

Bond, notice period and 498a

Dear All,

                I am having following queries

1. I am having Bond with company, there is nothing mentioned about notice period in bond copy. But company is asking to serve notice period after completion of bond, I have 2 months left to complete my bond, so can i serve notice period within bond?

2.Also 498a case pending is on me, so should i inform new company about case or not?

Thanks in Advance

Regards,

Gautam



Learning

 4 Replies

Kumar Doab (FIN)     31 May 2012

Kindly check appointment letter, bond, and any other document on which you have affixed your signatures towards your acceptance and see if it mentioned that period mentioned in bond/service agreement signed by you shall not include notice period.

Apparently, if there is no explicit expression, in bond that notice period shall not be covered in bond period, and then notice period should be counted in period of bond.

You have posted that: "But company is asking to serve notice period after completion of bond". Who has made this statement? Has the company stated so in writing or verbally? Usually such statements are made verbally. Employee should record all such transactions (audio/visual), and arrange some witness.

You may submit a gentle acknowledgment in writing by letter under acknowledgment addressed to company personnel who have signed on bond, good offices of your appointing authority, MD, CEO, Company Secretary with a copy to Head-HR, expressing that in the document titled as............(bond) dated...........there is no explicit statement that notice period shall not be counted in period of ...........years, for which you should serve the company. However on dated..........Mr/Ms..........designation.....dept.........address........has stated verbally in person to you that notice period shall not be counted in period of bond. Good offices should clarify the reason in writing for imposition of extra .........2 months on you.

If you have already served the notice of resignation, you may mention it. You should mention the effective date of resignation/last day in office in your notice. If you have not mentioned it you may supply a subsequent communication under acknowledgment, and may add that notice period with effective date of resignation/last day in office is counted in bond period and company may acknowledge the receipt in writing and issue instructions to you in writing by letter thru redg. post.

 

Yu may avoid sending emails from official email id of the company which can be blocked anytime by the company. Or you should forward the email to your personal email id. Preferably you may communicate by letter thru redg. post. You may keep copy of all documents/emails which can be useful to you.

In the employment applications usually new employer asks to mention court case etc. You may not conceal or misrepresent. However you should your new employer into confidence and if questions are raised you may clarify. The opposite party can approach new employer with vindictive approach. You must not reveal your employment/enterprise.

Try to be in employment where you shall have demand, role and you are indispensable.

nilesh kad (CAD Engineer)     31 May 2012

Hello Kumar,

In offer letter, they mention the 90 days notice period, and in bond, there is no explicit expression, in bond that notice period shall not be covered in bond period.

So there is no need to pay entire amount of bond.

Am i right?

Sree (na)     02 June 2012

If you are willing to serve a notice you may proceed, but if you want to resign you may submit your resignation stating that you would be leaving the company immediately after the completion of the term of employment.

 

So, serving a notice is not mandatory but exclusively your choice if you want to serve you may serve.........

 

Regards,

BSSV

Sree (na)     02 June 2012

If you are willing to serve a notice you may proceed, but if you want to resign you may submit your resignation stating that you would be leaving the company immediately after the completion of the term of employment.

So, serving a notice is not mandatory but exclusively your choice if you want to serve you may serve.........

 

Regarding 498a, it is not mandatory to mention it voluntarily, if any queries regarding the legal disputes are raised and the company policy demands to disclose such info, then you shall have to mention to avoid the consequences on your career......

 

Regards, BSSV


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