Breaking employee contract
Hey, I have a question. I am working as a software developer in an I.T company from last 1.5 years. when I joined this company, they made me sign a 3 years of employment contract, according to that, I cannot leave company before 3 years completion of my work and if i leave company without completing years, then I have to pay 100000 rs to the company. Now, I am having some family issues that's why I have to leave the company without completing 3 years. I taked to management and they asked me to pay 100000 rs to the company so I am ready to pay the amount but now they changed their statement and saying that we will not be accepting the bond amount(100000 rs.) and will not be relieving you. In a nut shell, they deny to take bond amount and also will not give me the experience letter and relieving letter. Below are the points written in my contract.
(a) I shall, during the period of my employment with <company name> Pvt Ltd.
honestly, faithfully, diligently and efficiently to the utmost of my skill and power, devote whole
my time and energy exclusively to the business and affairs of <company name>
Pvt Ltd. and shall not commit any act or omission that may expose <company name> Pvt Ltd. to any kind of liability whatsoever.
(b) I shall not during the period of my employment with <company name> Pvt Ltd.,
engage, directly or indirectly, in any business or serve whether as principal, agent, partner, or
employee or in any other capacity either full time or part time in any business whatsoever other
than that of <company name> Pvt Ltd.
(c) I shall remain in the employment of <company name> Pvt Ltd. for a minimum
period of 3 years from Date 5
abandon, terminate, or give cause for termination of my employment with <company name> Pvt Ltd. for any reason whatsoever during the said period of 3 years.
Notwithstanding above, I acknowledge the right of <company name> Pvt Ltd. to
terminate my employment by giving 30 days prior notice to me for any reason whatsoever.
(d) I shall keep confidential and prevent divulgence of any and all information, instruments,
documents, etc., of <company name> Pvt Ltd. that might come to my knowledge
during the continuance of my employment with <company name> Pvt Ltd.
(e) In case <company name> Pvt Ltd reimburses the certification exam fees during the
period of my employment, I will register the certification with <company name>
Pvt Ltd for a minimum period of 1 Year or my agreement expiry date which ever comes later. If
I don’t obey this, I agree to pay the certification exam fees back to <company name> Pvt Ltd.
(f) In case I commit breach of this Undertaking in general and any covenants contained in Clauses
(a) (b) (c) (d) in particular, I shall, forthwith pay to <company name> Pvt Ltd. a
minimum sum of Rs. 1,00,000 /- (Rupees One Lakh only) towards liquidated damages, which I
acknowledge is a genuine pre-estimate of the damages that may be caused to <company name> Pvt Ltd. as a result of breach of any of my undertakings contained herein. <company name> Pvt Ltd. shall, without prejudice to its other rights, be entitled to receive
the said sum of Rs. 1,00,000 /- (Rupees One Lakh only) towards liquidated damages without
claiming it to be excessive
th May2014 from the date hereof, and I shall not leave,
(g) In case I commit breach of this Undertaking in general and any covenants contained in Clauses
(a) (b) (c) (d) in particular, I shall, forthwith pay to <company name> Pvt Ltd. a
minimum sum of Rs. 1,00,000 /- (Rupees One Lakh only) towards liquidated damages, which I
acknowledge is a genuine pre-estimate of the damages that may be caused to <company name> Pvt Ltd. as a result of breach of any of my undertakings contained herein. <company name> Pvt Ltd. shall, without prejudice to its other rights, be entitled to receive
the said sum of Rs. 1,00,000 /- (Rupees One Lakh only) towards liquidated damages without
claiming it to be excessive.
(h) Without prejudice to my obligation to pay the liquidated damages to <company name> Pvt Ltd. as above, in the event of my leaving, abandoning, resigning of my
employment prior to the completion of the period of 3 years from the date hereof, I shall not,
directly or indirectly, engage in or carry on my own accord or serve in any capacity any person,
firm, or company carrying on business in India which is similar or substantially similar to the
business carried on by <company name> Pvt Ltd. for an unexpired period out of
the said period of 3 years .
(i) <company name> Pvt Ltd. has at all times lien over and the authority of
appropriating towards the recovery of the sum mentioned hereinabove, any and all the amounts
receivable by me from <company name> Pvt Ltd. by way of salary, arrears of
salary and all other types of remuneration and terminal benefits.
(j) I also undertake to sign all such papers, documents and/or powers of attorney/letters of authority
as may be reasonably required by <company name> Pvt Ltd. in this behalf.
(k) Any dispute or difference arising in connection with or touching to the interpretation of any
clause or business or damages or under this undertaking shall be resolved by reference to
arbitration by sole arbitrator in accordance with the Arbitration & Conciliation Act, 1996. Such
sole arbitrator shall be appointed by <company name> Pvt Ltd. The venue of
arbitration shall only be at Gurgaon (HRY) as suits to <company name> Pvt Ltd.
and only the court of Gurgaon as the case may be shall have the jurisdiction.
(l) This Undertaking shall be construed and governed in accordance with the laws of India and
treated as memorandum of understanding.
Please suggest me the right way, what should i do to get my experience certificate and relieving letter from the company. Can i take some legal step in this case. Please suggest.