Legal Question in Employment Law in India
Hi All I had joined a small software firm over a 7 months back as a Developer after working with one small organisation for 19 months . I had signed a commitment bond for 2 year on plane print out offer letter not on bond paper. I getting
many interview calls for better package. My guys are not going to hike my small salary till March 2012. I want to break this bond. Please help me guys. Is this kind of bonds are legal since i not signed on bond paper.
1. Contractual Bond
1.1 You will be required to attend special training and courses arranged by the company.
You acknowledge that this is necessary for you to acquire the proper skills and expertise to carry out the duties of your employment, in particular, in respect of development projects for the company, XYZ Technologies and its affiliates. In consideration, thereof, you hereby agree that notwithstanding anything to the contrary herein, you shall not terminate your employment with the company for a period of two years with effect from the date of your joining XYZ Technologies. In the event that you terminate employment with the company prior to the expiry of the aforesaid two years, you shall repay to the company immediately the sum equivalent to your monthly salary multiplied by the remaining number of months calculated as from the date of termination until the expiry of the aforesaid two-year period.
2. Termination of Employment
2.1 Company may at any time terminate this agreement by giving in writing to you 1 month notice during your probationary period or 2 months notice after confirmation or in lieu thereof a sum equal to the amount of salary which would have been accrued to you during the period of notice.
2.2 You may at any time terminate this agreement after Contractual Bond period by giving in
writing to company 1 month notice during your probationary period or 2 months notice after confirmation or in lieu thereof a sum equal to the amount of salary which would have been accrued to you during the period of notice.
As mentioned in 1.1 they have not provided any training or course as I am an experienced Candidate And the technology used is open source.I want to break this bond for better opportunities. Please help me.
1 Answer from Attorneys
you may seek legal help and the lawyer would do the needful after going through the conditions mentioned in the bond.
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