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Shubhankar Tiwari (NA)     22 February 2012

Employment bond

 

I have signed a bond with my Company which states to serve 6 months with my organisation. I found another Job offer & resigned from the company in 4 months. Now the Notice Period in my company is 2 months & I am willing to serve the same. Also from my effective date of resignation exact 2 months later my Bond will end. 
 
Company just released in 2 days without serving the Notice Period (Though I was willing to server Notice Period) & says that I will need to give the recovery for the bond. Now as I told earlier that If I would have served the Notice Period I could have easily completed the Bond Tenure & it was companies wish to relieve me without serving notice period. 
 
Also it is not mentioned in the bond that my Notice period will not be considered as Bond period.
 
Please Help...Can I take legal action against the company with judgement on my side.


Learning

 1 Replies

Kumar Doab (FIN)     22 February 2012

Notice period is included in period of employment. Did you issue notice of resignation or resignation? Did you mention effective date of resignation in your notice of resignation/resignation which shall make it total 6 months in employment? If you have expressed effective date of resignation and company accepts the resignation before the effective date of resignation, it can be termed illegal. You may immediately submit a follow up letter under acknowledgment by redg/speed post followed up by email, addressed to good offices of your appointing authority, MD, Head-HR, Company Secretary, and conclude that you are willing to serve the notice period and hence bond period and acceptance of your resignation before effective date of resignation and also bond period i.e. dated………….is technically wrong and you have pleaded with Mr/Ms……………..designation………., department ……….on dated……..at office address to not to proceed to accept your resignation before dated………. And allow you to serve the notice period……..amounting to completion of bond period ending on dated……….. However completely ignoring your legitimate requests your resignation has been accepted before effective date of resignation by Mr/Ms……………..designation………., department……….vide office order dated……….ref no………received at your end on dated……….. You may mention that you are seeking relief from good offices and good offices may cancel the above mentioned office order and allow you to serve notice period ending on dated………..and thus bond period or otherwise confirm in writing by letter under original seal and signature of Mr/Ms……………..designation………., department……..( same official who has signed the bond on behalf of company) or a competent superior official designated by the company not less than the official holding good offices, confirming that conditions of the bond are dropped and are made not applicable to you and charge is taken from you accordingly, and supply this letter by redg/speed post you so as to reach you within say next 7 days and a postage prepaid, self addressed envelope is enclosed herewith. You may also mention that you’re a/c may be settled without deducting any bond amount, and FNF statement, Form 16, work experience/service certificate, relieving letter, NOC/NDC, PF number/accumulation reports/withdrawal-transfer forms, payment of your dues by bank DD only etc are supplied to you by redg/speed post. If the good offices do not provide relief, you have the reason to approach o/o Labor Commissioner/wages inspector. You may show all of your docs and records to a competent and experienced service lawyer and your lawyer may advice you to issue a legal notice.

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