Legal Question in Employment Law in India

I joined an MNC after signing a Service agreement in which it was written that In case I leave the job within 2 Years I need to pay company the amount of 2 lakh Rs. Also, the offer letter mentioned I need to serve a notice period of 45 days if I decide to quit. I worked there for 2.5 Months and after that I used to continuously fall ill due to long travel and long working hours. I told my manager that i will not be able to work and need to be on long leave or may not come back. I also sent emails with doctors certificate for the same. Ofcourse, the company saying I'll have to pay the bond breakage charges. However, because of my physical status I could not take any action. It's been about 1.5 years and now the company has sent an official mail (On their letter head and not a legal notice) that I need to pay the notice period charges of about 2.5 L - absolutely no idea how they have arrived at this figure.

Company's investment on me:

1> Absolutely no training

2> I was placed at the client within 1 week of joining so I was already a revenue generator

3> No other facility provided

Below is the chronological order of the events:

1. Joining date: Mid Dec 2012

2. Last working Day : End of Feb 2013 - 2.5 months of service. Conveyed to the

manager that I am ill and need leave.

3. Mar 2013: Sent another mail with medical certificate that I'll need prolonged leave for upto 1 year and may not be able to join. Ofcourse, at that time they mentioned I need to pay the service agreement period.

4. Oct 2014: After about 18 months they have sent a courier asking me to pay 2.5 Lakhs, else they'll take legal action. Note:The letter they have couriered to my father's address is not a legal notice.

Any advice will be greatly appreciated....


Asked on 10/04/14, 11:59 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

05.10.2014

Dear Sir / Madam,

An Employment or Service Bond of any form or nature which tantamounts to bonded labour is illegal and a criminal offence since it is against the principle of natural justice. You should reply to the legal notice accordingly. You should have submitted your resignation letter the very day you decided not to work for th e Company anymore.

Regards,

Read more
Answered on 10/05/14, 5:29 am


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