Regarding bond agreement
6 months ago
I am serving a bond for 1 year as a trainee employee. So by oct of this year, my bond will get over and at the end of the bond, I am likely to get probation. But i am planning to leave immediately after the bond period and i don't want any probation. But the company says that end of the bond period, I will be probated and need to serve 3 month notice period from the bond end period if I am resigning after the bond end period. But I don't want to serve 3 month notice and wanted to leave immediately after the bond period. What to do in this case?
A.Dear Client,
In the absence of a specific stipulation in your contract of employment specifying that on expiry of the bond period, you need to serve a notice period of 3 months to tender resignation while you are in probation period, you need not to serve the notice period especially when you are resigning after serving a bond period. Modern jobs are not forced jobs like slavery followe hundreds of years ago & modern jobs are at-will jobs. Where an employee is working on his/her consent while the employer is allowed to work on their will. Therefore either party can terminate the job without any complications as long as the terms & conditions in the job contract are adhered to. As per the mandate of Section 27 of the Contract Act, 1872, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period of time. No employer can deprive an employee of a better career opportunity that infringes the fundamental rights of a citizen guaranteed under the Constitution. Further, Section 73 of the Contract Act, 1872 makes provision for unliquidated damages. Section 74 deals with liquidated damages and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. However, for any adverse reaction from the Company, reach out to an advocate for serving a legal notice to the Company and visit the office of the concerned Labour Commissioner for redressal of your grievance against the Company.
In the absence of a specific stipulation in your contract of employment specifying that on expiry of the bond period, you need to serve a notice period of 3 months to tender resignation while you are in probation period, you need not to serve the notice period especially when you are resigning after serving a bond period. Modern jobs are not forced jobs like slavery followe hundreds of years ago & modern jobs are at-will jobs. Where an employee is working on his/her consent while the employer is allowed to work on their will. Therefore either party can terminate the job without any complications as long as the terms & conditions in the job contract are adhered to. As per the mandate of Section 27 of the Contract Act, 1872, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period of time. No employer can deprive an employee of a better career opportunity that infringes the fundamental rights of a citizen guaranteed under the Constitution. Further, Section 73 of the Contract Act, 1872 makes provision for unliquidated damages. Section 74 deals with liquidated damages and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. However, for any adverse reaction from the Company, reach out to an advocate for serving a legal notice to the Company and visit the office of the concerned Labour Commissioner for redressal of your grievance against the Company.
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