Employment agreement bond
9 months ago
Hi, Mr. Amruth Dev, this is Sanjana from Vidhikarya Law Firm.
We have received your request on your legal matter *I had a bond of 2 years and I resigned the job prior to 3 months to complete my bond period. Since I was working in a project I completed the project and the company relieved me 18 days after that according to their will which makes me that I was short of 1 month to complete my 2 years bond tenure. The HR didn't asked me regarding the bond amount during that notice period but when I joined the new company I got call from HR to pay 1 lakh bond amount. How can I proceed next?
A.Dear Client,
Once you relieved or discharged by the Company from the service before the completion of the Bond period without any notice or information and being aware of a breach of the condition of service Bond, Company is now estopped from claiming any compensation for breach of the condition of service bond applying the doctrine of estoppel as defined u/s.115 of the Evidence Act, 1872. 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. Service Bond, cannot make an employee liable to face any legal consequences for 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 if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal; of your grievance. 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.
Once you relieved or discharged by the Company from the service before the completion of the Bond period without any notice or information and being aware of a breach of the condition of service Bond, Company is now estopped from claiming any compensation for breach of the condition of service bond applying the doctrine of estoppel as defined u/s.115 of the Evidence Act, 1872. 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. Service Bond, cannot make an employee liable to face any legal consequences for 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 if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal; of your grievance. 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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