Broke company bond, notice from employer

You may approach a competent and experienced service lawyer expert in such matters, as ap, and show all documents and give inputs in person. It shall be wise to do so.

Let your lawyer take over the matter now arrive at an amicable settlement if acceptable to you or if the bond can be contested without any cost to you.

It is felt that you have not conducted yourself properly. Company can also term your contentions as stories, afterthoughts etc..

You have posted that:

--"I joined an iT company in Jan2011 for 6 months training".

Has company actually provided any certified training which added to your skill/qualification?

The training provided on products, processes, procedures, strategies etc or to better the performance is to be provided by training and may not be rated as training which added to your skill/qualification.

The company shall have to prove the expenses incurred by it justifying the amount to the tune of Rs.1.00 Lac.

--“ Moreover, my project required  shifts which were changed every week.”

Did the company announce in advertisement, interview, job offer, selection letter, appointment letter that you shall have to work in various shifts?

Did you ever inform company that you do not want to work in shifts, in writing and can you produce any evidence?

“And i was not comfortable in that environment.”

What was the discomfort faced by you? Was it rude conduct of superiors at workplace or toll the shifts took on your health? Did you report your discomfort to company?

--‘ So i started searching for job and got a job by september and i left my company by just dropping a mail to my manager and HR and dint ask for any relieving letter.”

Did the company issue acceptance of resignation, FNF statement, PF number, PF accumulation reports, form 16, attested copies of PF forms for PF transfer, service certificate complying to  SE ACT ?

Did the company issue any communication rejecting to accept resignation?

You may demand all these documents including relieving letter at proper stage now.

--“ Earlier there were few letters from company that were received at home. Later my family stopped receiving letters saying that i dont live there.’

This is probably not an acceptable logic.

Who has signed as witness on bond? If anyone from your family has signed as witness they are expected to inform you.

--“ Now again i received a letter in july from a law agency telling me abt summon in some high court and that i will be charged at 18% interest on bond amount.”

If there is any summons issued by HC, these shall be dispatched by HC.

The law agency may mention that its client is calling upon you to pay the amounts as expressed in bond signed by you or it is under instructions to file a legal suit.

If there is no legal suit filed by company and no such summons are issued then this law agency shall be taken to task by your lawyer.

You said that you 'left the Company by dropping a mail'. What did you write in that mail? Did you tender your resignation from the Company? If yes, did you show some reason for resigning like your health is not permitting or some thinng else which is beyond your control? 

Normally in such cases, employees show  reasons which are beyond their control for resigning duly finding some fault on the part of the Employer which makes them resigning.

I have not come accross any case where the Employer Company could collect the Bond amount.

Contact a lawyer experienced in service matters to contest the case.

Hello.thanks for prompt replies..

@ Kumar Doab -- My company provided me 19 days training on various technologies in an external institute. But it was not a certification.  And it was never mentioned that job will require working in shifts.  I was trained for a differnt profile which never had shifts but later made  to work on a totally different profile. 

  The discomfort i faced mentally was the lack of good quality work and there was nothing like requirement of of B.Tech for this work. And physically, i had problem in my neck and later faced lack of sleep due to changing shifts every week. But i never informed my manager as being a fresher, i had very few options and the culture was like if you reject one project then it will be taken very negative.

After i mailed about resignation, i left my office submitting my id card and keys at reception. And later i saw the reply from my manager as well as HR manager with just "Meet me" written in it. And after that there was no communication but a call from HR to clear my dues and all. I dint ask for relieving letter or PF and all.

No one from my family has signed on the bond as a surety.

@K.K.ganguly -- I just mentioned that i m leaving because of "intellectual dissatisfaction". Means they are hiring a B.Tech , training him regarding technologies and later giving him work on XL sheet and for this work, i am being called in changing shifts and even on weekends. Sometimes, on friday i have 2 pm to 10 pm shift and on saturday i have to be in office at 6. Means i have 8 hours to leave from office, go home, change clothes,have dinner, sleep, wake up,get ready and come back to office. 

Please guide me...

The letter of law agency should be replied by your lawyer.

Your lawyer shall structure th reply in orer to defend you.You may approach a competent and experienced service lawyer expert in such matters, as ap, and show all documents and give inputs in person.Follow the advice of your lawyer.

--"My company provided me 19 days training on various technologies in an external institute." Company may demand expenses incurred on training.Your lawyer may take a stand that this was required to run the machine of the company and it was not adding to any qualification.

--"I was trained for a differnt profile which never had shifts but later made  to work on a totally different profile. "

You can take stand that you were called for position in different profile whhich was in line with your education/experience and recruited for the same and you were later made to do the work of say a clerk. Despite your representations in person you were assigned the work and profile in line with your education/experience and position for which you were recruited.

--“i had problem in my neck and later faced lack of sleep due to changing shifts every week.” You had developed medical disorders due to the work assigned to you and you were not allowed and assigned suitable work. You may approach a doctor (MBBS at least) known to your family and get as Rx in the dates you felt these medical problems with diagnosis such as; Cervical Spondolysis, Sleep Disorder, severe backache etc.

“and the culture was like if you reject one project then it will be taken very negative.”

Due to the work culture your pleading fell on deaf ears. If there are other employees like you all of you should unite and be witness to each other.

--“I dint ask for relieving letter or PF and all.”

You may approach local PF office obtain PF withdrawal forms and get these attested by your bank manager and submit for PF withdrawal by redg. post to O/o PF commissioner.

If the company declines to sign the PF forms it can have adverse bearing on the company.

At least you have some reason. Now the appointment letter or contract letter has to be examined. Health problem for shifts would have been ideal, had it been written in the resignation.

However, hire the services of a  lawyer experienced  in servive matters to contest your case.

Dear Sir,

One of my friend has left a pvt ltd company in last dec. he has an agreement in which there is a condition that after the termination of this agreement he will not work for another 3 years in similar trade. Also this agreement was done in Rs 100 stamp paper which was not registered. agreement was signed by the director of the company but the same was not stamped (director). Is the ageement valid? kindly advise.

Regards

Harish

Harish,

It shall be appropriate to show this agreement to a competent and experienced service lawyer and give inputs in person.

Such agreements can be rendered invalid by courts of law.

Till the time employee is in employment of the company such restraint can be  valid.

Kindly go thru the attachment.

Valuable advice of learned experts/members is sought.

sir,

My friend has already left the company. After leaving the job, can the previous employer file the case under his condition.

Regards

harish