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saisree   16 July 2016

Breach of contract

Hello All,

I have joined in a X company 3 months back ,at the time of joining i have signed bond for 2 years ,after 3 months working in that company,i felt very uncomfortable with work and also due to travelling difficulties i have resigned to the position,now the manager is asking me to come and dicuss before they proceed for legal notice

 

I'am not able to decide whether to go and dicuss or elso just ignore the mail

please help me



Learning

 7 Replies

JustAdvisor (IT)     17 July 2016

why was the bond for? did they provide you any special training specific to their organisation? please provide some details.

saisree   17 July 2016

@JustAdvisor

Hello,

At the time of joining they said that they will provide training for 3 months(full-fledged),But during the training period they just give me the links related to websites and asked me to train myself,and they assigned me the work after one month of training

JustAdvisor (IT)     17 July 2016

You will have to show your bond and employment contract to an able counsel along with other evidences for a better opinion. Generally bonds are hit by section 27 of Indian Contract Act and also are against public policy if found unconscionable. they may be upheld only when employer has spent considerable amount on your training and would be entitled to reasonable compensation. any benefit of doubt may go in you favour.

Kumar Doab (FIN)     17 July 2016

Before meeting the Manager meet a very able counsel specializing in labor/service matters with all dcos on record e.g; Job Advt, job application, interview call letter, selection letter, offer letter, appointment letter, Bond,.............................NO Training/provision of Links only etc.......................and your counsel shall prepare the draft of your representations etc and build favorable written record that can be used at appropriate time in appropriate forum............

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     17 July 2016

A bond which compels you to not be able to leave the company before a specified period is not tenable in the eyes of law . However your early resignation might just cause them to file for damages . However no companies usually do that . And as it is it's very difficult to prove damages . Enagage a good lawyer who shall be able to assist you better

saisree   19 July 2016

The thing is they didn't provide any specialized trainig to me,now they are asking me to pay 1 lakh for breaking the bond,is there any rule that an employee need to pay the amount if he break the bond

Kumar Doab (FIN)     19 July 2016

Your query in the last post has alrady been replied in previous posts.

Mere providing a link at internet is NO training at all.

The training provided by employer to anbel the employee to handle its counters should be without any cost to employee.

What would you do with citations at this stage.

Focus on submitting a fitting reply if any written demand is made to you.

Meet a very able counsel specializing in labor/service matters with all docs on record and mve ahead methodically under expert guidance of your counsel.

 

This is the time to consult and buidl irrefutable written record.

A reprsentation drafted by your counsel may put the matter on Shut Up mode.

 

 

 

 


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