Legal Question in Employment Law in India
Dear Sir/ Madam,
I had joined this company in May 2011 and they made me sign a Service Agreement (Bond) for two years. In Jan 2012 they provided me with a promotion which was a change in my career path and told me that I should take the promotion or resign (On Email). I decided to resign on an emailed resignation letter informing they I would have to leave due to the change in position and i would stay if my last position was reinstated. They informed me verbally that they would provide me with the relieving letter in 45 days. It is six months that i have been chasing this letter with them where they have constantly pushed it out for days and weeks and now they tell me that they cannot give me the letter without me paying the bond. Can they do this. Can they promote me and expect me to pay the bond if i dont like the promotion. I have documentation of the promotion letter sent to me, my email resignation to them and follow up emails of most of our call conversation. I also have a few call recordings.
I have chased this for months now and also lost a few good opportunities due to the lack of the relieving letter. How can I take this forward. I understand that taking legal action is not the most advised but i am pushed between a rock and a hard place and need to get the relieving letter. Firstly, can I sue them with a chance to win? and also can I also sue them for the opportunities that I have missed?
1 Answer from Attorneys
It would depend entirely on the nature of agreement you signed with your employer. Contact with copy of the signed agreement and subsequent developments for advice.
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