LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arun Balaji (xxx)     19 September 2011

Two years bond - full & final settlement

Hi all,

 

I joined a company XXXX last year as Team Leader. I travelled to clients place (outside India) and had two weeks training on a process. upon my return, they executed a bond for 2 years with a unconditional amount of 2 Lakhs.

Due to personal reasons, I resigned my job now (after 10 months).

Company says that I should pay 2 Lakhs to get the relieving letter. I said that I am not in sound financial position to pay that amount and moreover i have earned only 2 Lakhs as salary for the past 10 months in the company.

 

Now they have agreed upon getting 50 thousand rupees from me. But they say that they will give the relieving letter only on december 2012 as per the bond.

 

Please advice me on the following:

They have not given the copy of the agreement till date.

They are forcing me to pay the money by check with post date.

They have not given me the resignation acceptance.

If I pay the 50 thousand rupees will that be sufficient for me obtain the relieving letter.

Till date they have given no written confirmation on my resignation or acceptence of 50 thousand rupees.

 

But I have given formal resignation letter and a letter stating that I agree to pay the bond on prorata basis.

If i can face this legally, who will be the proper person to approach and how much time and cost will it take.

 

Please advice.



Learning

 7 Replies

Kumar Doab (FIN)     19 September 2011

All of your transactions should be structured and in writing, however you should correspond under the expert guidance of elders/experienced and competent well wishers/lawyer/law firm. You should insist and persist to obtain all communications from company on their letterhead under original seal and signature of the competent employee. You may not issue any post date cheque, and you should not agree to grant discretion to company to issue relieving letter post expiry of bond period.

Interestingly bond is executed after you returned from abroad. One should wonder what was the intent and purpose of bond and how the company arrived at the cost of Rs. Two lacks. You have not posted the details/language of bond.

From your post it appears that you have the chance to liberate from the bond. Kindly consult your service lawyer experienced and competent in handling such matters. Let your lawyer decide the language of your letter and company’s reply to decide the terms of settlement of bond and amount if any.

Do you have the acknowledgment of submission your notice of resignation? You should submit reminder, under proper acknowledgment.

Arun Balaji (xxx)     20 September 2011

They called me yesterday and asked when I am going to pay 50000 Rs. I said that I will pay it as soon as possible. Now shall I send a mail stating that I will pay 50000 only if they give me the relieving letter ?

 

What if they say that relieving letter will be given only at the expiry of the bond ?

 

Please advice.

Kumar Doab (FIN)     20 September 2011

You should not keep yourself under anxiety or hurriedly take decisions.

You may chose and decide what you want to do

: contest the bond and its conditions, and do not pay the bond amount and liberate yourself from the bond. For this you should show the bond, and all communications, appointment letter, etc. to a lawyer. If the employee does commit blunder its employee who gets the relief in the end. Your lawyer shall require studying the content and intent of the bond. Hope you have gone thru the link provided by learned Mr.Chandrasekhar. You shall be paying Rs.50000/ (against an amount of Rs.2 lacks bond) out of salary of two  Rs.2 lacks, collected by you from company. No competent employee of the company has given in writing top you that company shall accept Rs.50000/ against Rs. 2 lacks bond and company shall supply relieving letter to you after you pay Rs.50000/

You alone would know how useful and worthy the “two weeks training on a process” has been for your future and resume or candidature. How much company has earned thru you and work done by you thru “two weeks training on a process”. Was it really a training or job work? Moreover the bond is executed after you have returned back from abroad.

 

: pay the bond amount. For this you should obtain a written communication from the company stating they shall issue relieving letter within say 2 days after the receipt of cheque for Rs...........whatsoever amount you agree to pay, and they shall issue receipt of cheque then and there when you handover the cheque. Company is stating everything to you verbally only. It is felt that company shall keep on exerting pressure thru verbal communications and shall not provide in writing.

Company can not force you to remain in employment and has to provide the service certificate. You can submit the company property and obtain acknowledgment that nothing is pending to be submitted by you, and this can be as good as NDC.You can complete all tasks on hand and obtain a communication stating all tasks have been completed by you, and if the company does not issue such communication, you can submit a communication under acknowledgment from your end stating you have completed all tasks e.g...............and nothing is pending at you end, and this can be as good as NOC. You are within your rights to demand and get from 16, settlement of a/c, F&F, PF accumulation reports, PF transfer/withdrawal forms, service certificate, NOC/NDC etc.

It is suggested that henceforth you should consult elders in the family, competent and experienced well wishers, lawyer/law firm before signing on the dotted line. It is better than to suffer later.

Adv. Nilesh Y. Thengre (Civil & criminal)     21 September 2011

there is provision of law in your case. You are already resigned the company. thereafter company sent a notice to you & you received notice. Then yes or no. Thats the point . What reason company recover the money.

Anjuru Chandra Sekhar (Advocate )     25 September 2011

Read the HC judgment in that link, the case is similar to yours.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register