Legal Question in Business Law in India
Dear Sir,
I joined a private design company 4 months back. at the time of joining I was asked to sign a leagal bond for 20 months. now due to my health problems etc I need to leave this job, according to my appointment letter which was given to me at the time to joining I am on probation and If i wish to resign I need to give one months notice. which I did but my employer says my bond is irrevocable and I cant leave the job until 20months. they even sent me a leagal notice that i will have to pay 50,000/- and other leagal action will be taken against me incase I dont take my resignation back. Im a fresher and have hardly earned enough to pay her back plus I am ready to give proper notice and do full handing taking over. IS the bond really irrevocable and do I have to pay her the amount ?
3 Answers from Attorneys
Without perusing the Bond and terms of Bond it is impossible to reply to your query. But generally one is required to pay the amount. You may ask company to exempt you on medical grounds.
05.01.2013
Dear Sir / Madam,
The appointment letter takes precedence over the performance bond (which to me is draconian in today's employment context particularly in Mumbai and all over India). If you were on probation for a period of six months as per your appointment letter, and you served the one month's notice period as stated in your appointment letter, you are absolved from all further liabilities towards the Company and are free to look for another job. This game is played by the HR & Legal Department of your Company who need to be taken to task, in a similar manner in which I just resolved a previous issue of an employee at the hands of L&T in Mumbai.
Please feel free to either call me up, mail me at [email protected] or visit me in person to resolve the issue.
Regards,
FCA Prashant Chavan
Mumbai-9920299337
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