Job contract bond

Whats is this establishment; Commercial/Industrial?


Whats is its line of business?

Whats is your designation and nature of duties?

Foe how many months you have worked?

How many persons are employed in it?



You were located in which state?


Does standing orders apply ( Model/certified)?

What is the notice period applicable to you as per offer letter/appointment letter, and tendered by you?

The said Bond was drafted in lieu of what extra ordinary benefit by the company e.g; certified training from some certified Instt?

Did company ask to deposit cheque in writing and issue acknowledgment in writing?

Do you have copy of Bond, notice of resignation and its proof of dispatch and delivery?

Dear Kumar Sir,

I am working in Pharma Research and Development as Senior research executive at Ahmedabad, Gujarat. Notice period they have mentioned in offer letter is 1 month for probation period that i have already served. Bond was drafted in lieu of only work training and it is not certified by any company. but i hav not taken any special training from the company. They didnot ask to deposit the cheque or not any acknowledgement. 

They didnot provide me the copy of Bond. I have the copy of my resignation.

Ask in writing under proper acknowledgment  and Obtain copy of the Bond.

Was it mentioned in Bond that you will deposit a cheque/DD?

Do you remember it?

If NO chequ was demanded from you in writing then why did you deposit?

If NO acknowledgment of the cheque was issued on the spot then why did you deposit?

If NO copy of the Bond was issued on the spot then why did you sign?

What is this work training that is stated in the Bond and is actually provided to you?

Does it add to any extra ordinary skill/qualification to you?

Employee has ended the employer-employee relationship the moment employee has resigned.

Hope you have the acknowledgment of handover of  charge in writing from designated authority say: Group leader!

You have just the copy of notice of resignation or its proof of its disptach and delivery also?

Do you have complete attendance record and evidence of having completed all tasks/assignments and that nothing is due to be done by you?

Notice period/pay is part of service conditions and governed by various enactments applicable to establishment/ employer, employee.

In  any case you have served the notice period.

Has the employer asked in writing to complete any exit formality?

 
Has the employer supplied acknowledgment/acceptance of notice of resignation/final resignation, correct FnF statement showing computation of earned wages/bonus/leave encashment/OT/reimbursements/incentive/liquidated damages as in Bond ( Hope you have checked and found it correct), Form16 as per correct FnF statement, NOC/NDC, acknowledgment of handover of charge, service certificate, relieving letter ( with good comments), salary slips of all months, PFa/c slips of all years,ESIC card etc etc as applicable in your case?

Have you tendered final resignation, citing date of notice of resignation/notice period tenderd by you in it/LWD etc ..............of course under proper acknowledgment and stated in it that NO tasks are pending at your end and you have handed over the charge/assets to Mr.........................on dated......................and to supply above mentioned documents to you? 

By signing on the dotted line, without cosulting  elders of the family, competent and experienced well wishers, employee's/trade union leaders, a very able counsel specializing in Labor/service matters........................you have provided the employer cause to approach you to pay as stated in Bond.

By signing cheque without any reason and need , without cosulting  elders of the family, competent and experienced well wishers, employee's/trade union leaders, a very able counsel specializing in Labor/service matters........................you have provided the employer cause to present it and press you.

By sigining both without cosulting  elders of the family, competent and experienced well wishers, employee's/trade union leaders, a very able counsel specializing in Labor/service matters........................you have provided the employer cause to present it and press you, by handing over the matter to its HR/Legal cell/Lawyers/Law firms and even approach court.

The task of explaining that cheque is not warranted, the grounds on which Bond is drafted are not fulfilled by employer OR NO such training was ever providd to you ( You alone as per work record/sheets, would know what was provided to you. Hope you  have such record to establish that it was routine work and NO training), hence you are not liable for any liquidated damages or penalty.

Have you consulted a very able counsel specializing in such/service matters?

Hope you will take the posts in this thread, positively.

Everything that is to be transacted with employer and its attorny's in HR/Line Management/Legal cell etc, now should be preferably under expert guidance of a very able counsel specializing in such/service matters, so as to build irrefutable written record and get clean relieving by application of skills of reasoning, negotiating, persuasion, persistence........................................and to put the matter on permanent 'Shut Up' mode...........................

without any adverse effect on employee.

Or if employer resorts to issuance of stinkers, memo, notice, legal notice, handle these effectively..............and get clean relieving nd to put the matter on permanent 'Shut Up' mode...........................without any adverse effect on employee.

Or if matter lands up in court of law, get relief  from court.

You may also confirm; Is next employer willing to absorb you on the strength of Copy of resignation alone?

You need to convince the next employer and  convet preferably  in writing under proper acknowledgment that : YOU can not provide ::acknowledgment/acceptance of notice of resignation/final resignation, correct FnF statement showing computation of earned wages/bonus/leave encashment/OT/reimbursements/incentive/liquidated damages as in Bond ( Hope you have checked and found it correct), Form16 as per correct FnF statement, NOC/NDC, acknowledgment of handover of charge, service certificate, relieving letter ( with good comments), salary slips of all months, PFa/c slips of all years,ESIC card etc etc...........................until or unless these are supplied to you by your past employer!

OR you have the option of paying the liquidated damages  in Bond ( certified copy of which  is not with you) under protest and approach court later for refund.

And/or as per considered opinion of yuor nown counsel and family members and more so as per your own judgment stop payment of cheque with priror notice to past employer. 

Bonds and agreements in order to withhold an employee is generally illegal. However, through these bonds, employer can recover the cost of any special training provided to you. 

You reason for leaving the company is anyway immaterial. 

What do you mean by "If I do stop payment of cheque what's there outcome please suggest me.." may be i have missed something. Why are you paying cheque to your company?

It is advisable to consult an able lawyer with your letter of appointment, resignation and most importantly the copy of the bond. 

Show all docs as already suggested to a very able counsel specializing in service matter and well versed with such matters involving Bond.

If Bond was drafted on grounds of Tarining and NO training was ever provided then Bond might be unconcionable,unreasonable,void.

Your counsels can opine on merits after due examination of all docs.

Your counsel may opine to issue notice to company that Bond is void for reasons..................and cheque has been cancelled and not to present the cheque,....................and to return the cheque................OR any other opinion after examinaing your docs ands inputts...........

Avoid acting on your own...................until your docs and inputs have been duly examined.