Break employment bond

Hi sir,

Currently I am working in an MNC company where they have got my original 10th and 12th certificates and have signed a bond of 2 and half years and 3 months notice period .If i am willing to break the bond i would have to pay 3 lakhs . Now, I am doing a support project in that company but my interest is web development.I have a got a new offer to join another start-up in web development .I am currently in one month leave for my arrears examination and before the leave HRs have informed me that I should clear the arrears by this semester are else I will be kicked out . So , I planned to skip 2 papers and inform them that i had health problems and could not clear the papers . But , some of my friends in the company said even if you have arrears they will try to keep you in the project since your are doing well. I am alot confused what to do next , should I abscond without informing (in this case shall the company file any case on me and also what to do in order to get the original certificates) or if i say them that i could not do the examination well and i would like to leave (in this case will they ask me to pay 3 lakhs).

Kindly provide me with your thoughts

Thanks

Asked 10 years ago in Labour

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3 Answers

1. The company may not sue you if you break the bond as it will not be successful in recovering any money from you through court order.

2 The company may send you a legal notice as part of their pressure tactics.

3. You should resign only if you are Sure of another secure job without your originals and a reliving letter.

4. Along with your Resignation letter ask the company o return your original certificate which are with them.

5 No employer can force you to work or continue to be with them.

6. First send a Resignation letter without any Notice period showing your personal reasons and in the letter ask them to return your Originals. Meet your boss in person and Submit the resignation

7. Depending on their response send legal notice if the certificates are withheld.

8. If they do not give certificate despite the notice You should approach the court.

Thresiamma G. Mathew

Advocate, Mumbai

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Talk to Advocate Thresiamma G. Mathew

Hi mam,

I have some more clarifications ,

1. If i submit a resignation paper , will they ask me to stay for the notice period ? If yes , i have already signed the offer letter for the new company where the joining date is Feb 2nd 2015.What should i do now?

2. As the Project Managers and HR informed that if i did not clear the arrear paper this semester (November-December) they will terminate me , so shall i say them i have not done my exams i am willing to quit . If they dont permit me to go and give me another chance to clear , is it possible for me to stay that without degree i cannot work in an MNC company?

And for your 3rd point , i have already signed the offer letter and the start-up company know about my skills and they have accepted that they dont need any certificates and reliving letter.\

Thanks

Asked 10 years ago

Hello,

1) The bond you have signed is an agreement between you and the company asked to that extent you would be liable when you break it.

2) There it's no recovery proceedings in vogue though by which the company can recover the said amount on the bond.

3) If you abscond you will not get a relieving letter from your current employer and that will hamper your prospects of landing a new employment. Therefore take the step only if you are able to secure another job without the original certificate and the relieving letter from your present employer.

4) It is important that you resign from your job to be able to demand the original certificates lying with your present employer. You can do it without serving notice.

5) If the company send demands payment in lieu of the notice period agree to comply. And if the company demands the bound among and withholds your certificates do send them a legal notice demanding the return of the certificates.

6) In case the company refuses to budge you need to approach the court to get an order to get your certificates released.

7) Skipping or failing in your exams won't be a good ploy as it wouldn't stop the company from what it wants to do procedurally.

8) Therefore take the plunge only of you are cent percent sure of the new job.

S J Mathew

Advocate, Mumbai

3596 Answers

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Talk to Advocate S J Mathew

1. While accepting the employment of your present employer, you have signed bond and also accepted all the terms & conditions associated with the said employment including th4e said mandatory notice period,

2. You shall have to comply with all the terms & conditions of the agreement you have signed,

3. If you wish to resign now, you shall have to give notice and also pay the bond amount, as per law,

4. The company can sue you and claim the bond amount and salary in lieu of the notice period as per law,

5. Whether the comnpany will treat it worth to sue you in case of your leaving them without paying the bond amount or whether they will kick you out for not clearing yourr semesters is a different matter and can nort be speculated at this juncture,

6. It was an illegal act on the part of the Company to hold your original academic certificates,

7. You can apply for duplicate of of the same in case the company refuse to return you the same.

Krishna Kishore Ganguly

Advocate, Kolkata

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Break employment bond

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