Release of services, bonded appointment letter
My friend has joined an Ed-tech company. The probation period is of 3 months and she has joined in November 7th 2022. The work culture at the company is extremely toxic and the management is very non-cooperative. The work culture there is already taking a toll on her mental stability.
The terms and conditions of the offer letter were:
a). During the Probation Period the Company reserves the right to terminate your
employment and may give you compensation equivalent to one month’s salary which is based
on annual fixed compensation, in lieu of the notice period.
Incase the termination is initiated by you, a notice period of 2 Months is applicable failing
which The Company reserves the right to recover from you, upto 2 month’s salary which is
based on annual fixed compensation, in lieu of breaking the service bond contract
She has got an offer letter from a better company 2nd week of Jan who wants to onboard her as soon as possible. She has mailed the company but the company has said they wont release her immediately until the end of notice period. Also, they have refused to return the original marksheets/certificates which they have kept with themselves.
What can be done? What are the legal and illegal considerations here?