Breaking the employment bond

Dear sir,

Based on our earlier communication, I have received reply from my company on 14th of december(after one month of my resignation and just 2 days before my request for releaving that is 16th of december), stating asper below in red color.

this seems to be they trying to thretening me by sending this kind of letter. But i have one doubt in my bond clause no 5... that i am agreeing for all the clauses mentioned in the appointment letter which will give during my joining. but in real, they not yet given my appointment letter even after 14 months of my joining. i requested many time to my boss. he said it is not requered. you have bond. that is more proof of ur employment than ur appointment letter like that he denied. I made a mistake of without asking my appointment letter.

Now my point is that if they create a appointment letter with the clause of if i am leaving before 3 years, i will pay this much money something like that, then will it make problem to me. I understand it will not happen, becuase i should sign on the appoinment letter right. if i not signed on appointment letter, that means i am ot agreeing for that terms & conditions right? if i signed on bond that all the clauses mentioned in appointment letter is agreed by me like that. 

please give me a suggestion whether my employeer can play with me by doing this appointment letter 

regards

gokul

@gokul

The letter mentioned by you in red colour is not found.You mat attach it.

It is your right to get the appointment letter.

Since there is no appointment letter issued to you and hence you have not accepted the terms and conditions expressed in appointment letter., and hence ther is no term and condition which can be quoted from appointment letter.

Dear sir,

Below was that communication in the letter. This letter was reply for my resignation letter on 10^th of November and they have given this letter on 14^th of December 2011. After one month of my resignation, they have sent to me this. And this letter was in company letter head with directors signature. Not legal department head, contract department head, HR department head, personal department head signed. Our department director signed on this.

Dear Mr. Gokula Krishnan

With reference to the captioned subject and your resignation letter dated 10^th November 2011, we have to inform you that you have been deputed as an Assit. Manager in IOD department, and subsequently you were allotted the more responsibilities looking to your capabilities and the management has incurrered a huge expenses to train you and to depute you at Indonesia branch and kept the trust on you and deputed you in our Indonesia branch

Over a period of time you have continued your duties there all of sudden you have put up your resignation dated 10^th November 2011, requesting us to relieve you on 16 th December 2011. In this connection we would like to draw your kind attention to the clause no.2 of your legal bond which states as under:

“Moreover Mr. Gokula Krishnan agrees to continue to work with this company for minimum period of three years from his date of joining”

You are well aware that in view of your commitment and as mutually agreed, company make arrangements of your visa, stay, training, travel and various business plants, etc. for Indonesia and also made investment for work.

Due to your sudden decision of putting the resignation, the company may incur a very huge and irreparable loss beyond control.

In view of the above you are hereby directed to adhere relevant clause of legal bond without fail.

Please note that any violation of your letter of Appointment and/or Legal bond shall be constrained us to take a legal action against you to recover the amount equal to your remaining TWO years salary wages over and above the loss which will be sustained to the company by your laps.

Hope you will treat this letter in right spirit of interpretation and shall help us to avoid any unpleasant action against you.

This is what the letter says. Until now they not given my appointment letter. But in my Legal bond clause no.5 says

Mr. Gokula Krishnan agrees for all other clauses of appointment letter that will be issued to him on joining. Clause mentioned here are apart from the clause mentioned in the appointment letter

So now my doubt is that if they create a new appointment letter and says this is your appointment letter and this is terms and conditions, will it valid. Is it valid without my acceptance signature (because I signed on bond that all the terms and conditions in the appointment is agreed). Whether they can do it and case will go with them?

@gokul,

Learned Mr. Kameswarao has explained in detail, with reference to the facts provided by you in your post, that there is no penalty clause in your bond.

Moreover, the director has expressed in many words in his letter mentioned in red color by you,  that you have immensely contributed to the company which implies you have generated revenue and profits with your services, and also you have tendered 36 days notice of resignation which is a reasonably good period. Hence contentions of the company to charge you for causing loss can be contested.

Once again let us make it clear that if you have not signed on the copy of the appointment letter, company can not claim from the clauses of the appointment letter. Moreover company pledged to supply appointment letter upon joining, but did not. You may highlight it in your grievance that you have been clamoring to get the appointment letter but despite your representations in person/in writing (if you have) appointment letter was not issued to you.

It appears that on your own you are not able to handle the communication/representations hence you may approach a trained legal mind/lawyer/law firm to cover all points and submit a carefully drafted and structured representation to good offices of your company, under acknowledgment, and thus build record in your favor. You can not stop the company from proceeding; however you can checkmate them with the help of a seasoned trained legal mind/lawyer/law firm.

Is there any arbitration clause in the bond?

Dear Kumar sir,

there was no arbitration and other things mentioned in my bond. my bond consist of 2 pages. first page with 50 RS stamp paper and second paper is white paper which is filled with clauses. i have signed only on second page. first page not signed. but both the papers are singed by Notary and stamped by notary and red color stamp also. is it origionally registered bond or just for the name shake, they have taken this bond with the signature from government authorised notary.

and I have signed bond onf 5-8-2010 and notary signature was on 17-8-2011 but stated that this bond is made and signed infront of me. but actually i signed with dated on 5/8/2010. 

i singed on simple white paper, after that they have made it in stamp paper in first page. 

and regarding my notice period, i agreed for giving 2 months notice period (i.e. from10th november to 10th january - I extended my visa for another one month). 

i decided to leave from indonesia by myself with out expecting ticket from them on10th of january. 

will they can do anything regarding my relieving? that i not relieved properly something like that?

and please inform me whether i should give my received and signed letter to them or not?

regards

gokul

You have given 2 months notice, which is reasonable good period. Within this period company had to make their arrangements for your replacement. If the company has not been able to recruit and/or designate another employee replacing you, it is their lapse and not yours.

Moreover since company has not provided any appointment letter to you, hence there is notice period and any other clause applicable to you, in reference to appointment letter. It is good gesture on your part having tendered a notice of 2 months.

What you are writing again and again are your apprehensions. It shall be appropriate on your part to approach a competent and experienced service lawyer and supply a carefully drafted reply to your director and focus on your future ventures, than tormenting yourself.

Dear sirs,

thanks for your valuable advise. with reference to the above letter from my company, i have drafted a letter as below to reply to my company. please give me a suggestion for the below letter. 

Sub: Regarding My resignation letter dated on 10^th November 2011.

Ref: Your Reply on 14^th December 2011 for My Resignation Letter Dated on 10^th November 2011 & Relevant Clause No.4 Legal Bond executed by you and me.

Dear Sir,

As I Informed to you earlier regarding my problems in the company and personal life which I was discussing with our Indonesia Branch head (name) in person, I could not able to continue my service in this company anymore.

The problems which are causing me lot of mental stress and unpleasant working style and uncomfortable working environment. So I decided to resign from my service. As per the request from Mr. Name (Indonesia Branch Head) for extending my visa and work permit in Indonesia, I accepted to extend my visa and work permit in Indonesia until 15^th of January 2012 and agreed to give total 2 months notice period. My two months notice period is ending on 10^th of January 2012, so I request you to relieve me on or before 11^th of January 2012.

As we both mutually agreed and signed that if I leave before completion of one year from joining the organization, I agreed to pay Rs. 1, 35,000 as damage & cost incurred on me for training. As you know very well that I have completed one year on 6th of September 2011. Clause No.4 mentioned in the Legal bond as under

“Incase Mr. Gokula Krishnan.P Leaves “organization” before completion of one year from joining the organization (Name) agrees to pay Rs. 1, 35,000 (Rupees One Lakh Thirty Five Thousand) as damage & cost incurred on him for training. This is Equivalent to 3 months CTC at Rs. 45,000 per month.”

As I informed earlier to our Indonesia branch head (Name), I not yet received letter of Appointment. I have requested many times to HR in India during my joining and my Indonesia branch head (Name) also. But there was no response for my request which makes me embarrassing. And moreover after 14 month of services also, I not yet receive the confirmation letter for my employment. This all things make me to experience the unpleasant working culture and embarrassing working environment.

In the above conditions, I could not able to continue my services in this company and I request you to relieve me properly on above said date with good spirit and considering my remarkable services during my working period with the unpleasant and embarrassing working culture and working environment.

Thanks & Regards

P. Gokula Krishnan

It is suggested that you may take the help of elders in the family, competent and experienced well wishers, trained legal mind/lawyer/law firm to draft your communications.