Legal Question in Employment Law in India

I am currently working as a software engineer in a company .I joined on May 2015 & I've signed for a 2 year bond . The agreement is , if i quit from the company beore 2 years,i've to pay rs 1,00,000 . My father also signed as a sureity . My certificates from 10th to Btech are with them. But now i can't adjust with company environment & work there. ALso i got job at a different company. How can i quit from there ? I want to know the legal matters behind this ? Can i quit without paying the amount ? AM really desp now.


Asked on 7/10/15, 12:14 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

11.07.2015

Dear Sir /. Madam,

An Employment / Service Bond of any form or nature, being deemed as bonded labour is illegal and a criminal offense. You should take into consideration the terms and conditions pertaining to the clause on "notice period" mentioned in your Appointment Letter. Since you are in the employ of the Company and not your father, his "surety" to the Company is meaningless, null and void and questionable. In short, you are liable to serve the notice period as contained in your Appointment Letter. Any period of service in the Company beyond the notice period is purely and solely at your discretion. So, it is important that should you decide to resign, you mention your last working date in the Company, and ensure that you serve the notice period, Since you say you have got a job in another Company, I suggest you also draw the attention of the HR Head in the new Company to this issue and take his / her opinion which will enable you to affirm your action plan.

Regards,

Read more
Answered on 7/10/15, 10:12 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in India