Legal advice on breaking the bond Legal advice on breaking the bond

10 months ago

I broke the bond with company and company wants to file a legal case for bond breaking.
They are not deducting any pf or not providing any salary slip/ appointment letter / offer letter to employee
Can they file against to me ? Are thet illegible?

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,

A service bond itself does not create any relationship between an employer and an employee unless and until it is followed by the essential steps required to make the Bond valid and enforceable under the law. So, in the absence of any relationship of employer and employee which is created through the issue of an offer letter i.e, contract of employment, issue of salary slips, mandatory deduction of statutory contribution under social security laws applicable on the establishment hiring the service of any employee, simply on breach of condition of standalone document i,e, Service Bond, cannot make an employee liable to face any legal consequences for series of deficiency on the part of the employer. However, in case you face any such consequences from your employer, you may serve a legal notice objecting to the illegal and arbitrary action of the employer and reach out to the office of the concerned Labour Commissioner to file a counter-complaint against the employer for victimization and unfair labour practice to resolve the matter. However, in case you need any assistance in the matter of service of the legal notice and filing the complaint before the concerned Labour Commissioner, you may contact our legal team with the relevant papers.
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Anik

Responded 10 months ago

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A.Dear client,

They are less likely to fail a case and more likely to impose the requirement of you having to pay a certain sum of money for breaking the bond. If you fail to pay this amount, only then will the company want to take legal action against you.
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