If you comply with the terms and conditions of your appointment letter as well as the Bond then they can not take any plea for not accepting your resignation or not reliving you or not paying your salary and other dues or holding your original certificate. if they do that,you have legal remedy for it by serving a legal notice through a lawyer and then file suit in the court.
Breaking employment bond
Dear Sir, I am Pratyusha Terli working as junior developer for a software company. While joining them I have signed a bond with my employer. As per that i have t serve till 31st October 2014. In case I want quit in between I have to inform them 2 months prior and in lieu of notice i will have to pay 1 lakh rupees as compensation as they have provided training for me. I have resigned by job on [deleted] stating that i will serve the notice period and my last working day would be [deleted]. But my PM is not accepting my resignation and forcing me to work for 1 year more saying that it would take 1 year for them to find replacement for me. And They have my original educational certificates so I am very worried.Would there be any negative consequences for me for bond breach? Can they hold back my certificates? Please help me in this regard
Asked 10 years ago in Labour
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4 Answers
Thank you very much for your response sir.
Asked 10 years ago
As per the details furnished by you, there is no breach of contract from your side. You have given the employer 2 months' notice to leave the company. Hence the Company can not force an unwilling employee to serve the company unilaterally. Please send once again your Resignation Letter through a Registered Post Ack.Due to the Company and wait for its reaction. In the meantime make sure that you get back your original certificates. In case the Company does not return your original certificates, then issue a Lawyer's notice.
Hello sir, Thank you very much for your response I have sent my resignation to my employer through email. Now as per your suggestion I will send it through register post. Can I ask them for my certificates? It is specified in the bond that my appointment is subject to production of my original certificates so I submitted it to them. Untill they accept my resignation should I continue my work? And they have given me copy of my appointment ltter refusing to give me copy of my emploment bond for my reference what can i do to get xeroxed copy of my employment bond.thank you in advance sir
Asked 10 years ago
Hello sir, Thank you very much for your response I have sent my resignation to my employer through email. Now as per your suggestion I will send it through register post. Can I ask them for my certificates? It is specified in the bond that my appointment is subject to production of my original certificates so I submitted it to them. Untill they accept my resignation should I continue my work? And they have given me copy of my appointment letter refusing but to give me copy of my emploment bond for my reference what can i do to get xeroxed copy of my employment bond.thank you in advance sir
Asked 10 years ago
Your employer is bound to give a copy of the bond. The signatories to the bond have got the right to have copies of the bond. You continue to work till your notice period comes to an end. Also ensure that the employer gives your Original certificates. Employer has got the right to have a look at the original certificates to find its genuiness but not to keep with them. Take the help of a local Advocate, if the need arises.
Thank you very much sir
Asked 10 years ago
Its my pleasure.