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deepak agrawal   23 August 2015

Release salary, document and experience letter

I am working in an IT company in gurgaon since 1 year. And I have signed a bond of 1 year service for a sum of 1 lack, after trainiing period (that I complete in 2 months). They have my all original education cirtificates as security of bond.

I have some idea of software product. And I develop it by hiring 3 of company internal employees and 3 other people help me to develop this project.

2 employees of company was not able to work, thats by I did not pay any amount and  keep them out from of project.

Right now product does not have any monetory value.

Following clauses of the contract have been breached by me as per director :
 
1. You shall not engage yourself in any other gainful or commercial employment, business or activity part-time or Full-time, directly, indirectly, as long as you are employed with services of the company. You shall not engage yourself directly or indirectly in any other profitable business connected with the dealings or activities of the company in any way. Any failure on your part to comply with the above instructions would render your services liable for termination notwithstanding any other conditions in the appointment. 

2. You are required to deal with the Company’s money, equipment, material, software products/development, Intellectual property Right and documents with utmost honesty, care and professional ethics. In case if you are found guilty, at any point of time of moral turpitude or of dishonesty in dealing or making away with the company’s money, equipment, material, software products/development and documents or of theft or of misappropriation regardless of the value involved, your services would be terminated with immediate effect notwithstanding other terms and conditions mentioned in the appointment letter. The company also reserves the right to take legal action as per law for any of the above violations.
 
 
Now director had demand a damage claim of whole salary paid by him (including traing stipend) + 2 months extra salary. He already have my 1.5 months salary. 
Director email me to pay 214,837.00 withing 15 days and I need to send an confirmation email that I will pay amount within 3 days otherwise he will be in court.
 
I replied him:

"I am not satisfy with damage calculations.
So I am not  going to pay any money. You are free to take further  action.

Although let me confirm when I should come to collect my documents."

He did not reply anything since last 20 days and as I have no document, I am jobless.

Please help me how to resolve all these conflicts.



Learning

 1 Replies

Kumar Doab (FIN)     23 August 2015

You have aparently consulted a lawyer and your lawyer has seen all docs on record and you reply seems to be in accordance with your lawyer.

 

What is the legal opinion of your lawyer?

 

Your conduct also has not been fair to your employer.

 

Now wait for the response of your employer, and proceed further under expert advise of your lawyer.

 


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