Hi, I was working with India's second-largest IT company. I joined the company in February 2012 and signed a bond on notarized papers to work with the same company for 18 months. Due to some personal issues, I had to return home in February 2013. Unfortunately, I was unable to return to resume my services, so I resigned from my job by writing an email to the company's HR in March 2013.
A few days ago, I received a notice from my company's legal firm stating that I have to pay them a sum of 2.20 Lacs, or else they will take legal action against me. I am currently not employed anywhere after my previous job, and there is no way I can afford to pay such a large amount. I don't mind being blacklisted since I am no longer in the field.
Please answer a few of my questions:
1. What legal actions can be taken against me?
2. Should I reply to these notices? If yes, then how? These notices are delivered to my home by a private courier service and not through registered posts.
Thanks
From India
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A few days ago, I received a notice from my company's legal firm stating that I have to pay them a sum of 2.20 Lacs, or else they will take legal action against me. I am currently not employed anywhere after my previous job, and there is no way I can afford to pay such a large amount. I don't mind being blacklisted since I am no longer in the field.
Please answer a few of my questions:
1. What legal actions can be taken against me?
2. Should I reply to these notices? If yes, then how? These notices are delivered to my home by a private courier service and not through registered posts.
Thanks
From India
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Hi,
It is a commitment done voluntarily by you. Before breaking the bond, you should have thought about the consequences in case of a break. Now, there is no option but to reach a compromise with the company through the legal process. Please contact a lawyer in your area and seek advice before you act. Nowadays, all companies feel that bond breaches are common among employees, and therefore, they are trying to leave employees in the middle of their commitment.
Thank you.
From India, Hyderabad
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66It is a commitment done voluntarily by you. Before breaking the bond, you should have thought about the consequences in case of a break. Now, there is no option but to reach a compromise with the company through the legal process. Please contact a lawyer in your area and seek advice before you act. Nowadays, all companies feel that bond breaches are common among employees, and therefore, they are trying to leave employees in the middle of their commitment.
Thank you.
From India, Hyderabad
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Hi,
Did the employer put you on a training session initially when you joined? If so, how long was that and on which platform were you trained? You mentioned that you signed a bond with your last employer. Could you please specify the subject matter for which the bond was signed, in addition to the duration?
From India, Bangalore
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Did the employer put you on a training session initially when you joined? If so, how long was that and on which platform were you trained? You mentioned that you signed a bond with your last employer. Could you please specify the subject matter for which the bond was signed, in addition to the duration?
From India, Bangalore
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Hi Mahesh,
Yes, I have been trained by my employer in business intelligence for six months. After that, I also worked in the production unit for another six months.
Unfortunately, I had to leave my job and the IT field due to serious personal issues at home. It has been eight months since I left my job, and I am still unemployed with no source of income. Can you please suggest what I should do next?
Thank you.
From India
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Yes, I have been trained by my employer in business intelligence for six months. After that, I also worked in the production unit for another six months.
Unfortunately, I had to leave my job and the IT field due to serious personal issues at home. It has been eight months since I left my job, and I am still unemployed with no source of income. Can you please suggest what I should do next?
Thank you.
From India
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Hi Mahesh,
Breaking a bond is a serious issue. Why are companies imposing bonds? Because companies invest significantly in training their employees, and they expect the benefits of that training to be realized by the company. This is why, in exchange for 6 months of training, they required 18 months of service from you.
However, if you can demonstrate that you left your position due to a serious personal issue at home and not to join another company, and if you have been unemployed for the past few months and do not intend to seek employment in the near future, you may be able to receive some leniency. You could also offer an assurance that if you do join another IT company later on, it will be your previous employer for the remaining bond period, thereby avoiding legal action.
If not, the company will proceed with a recovery suit, setting a precedent for other bonded employees.
Good luck!
S.B. Panicker
From India, Nasik
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Breaking a bond is a serious issue. Why are companies imposing bonds? Because companies invest significantly in training their employees, and they expect the benefits of that training to be realized by the company. This is why, in exchange for 6 months of training, they required 18 months of service from you.
However, if you can demonstrate that you left your position due to a serious personal issue at home and not to join another company, and if you have been unemployed for the past few months and do not intend to seek employment in the near future, you may be able to receive some leniency. You could also offer an assurance that if you do join another IT company later on, it will be your previous employer for the remaining bond period, thereby avoiding legal action.
If not, the company will proceed with a recovery suit, setting a precedent for other bonded employees.
Good luck!
S.B. Panicker
From India, Nasik
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Hi,
Thanks for your suggestion. I also want to tell you that I wrote an email to HR regarding the withdrawal of my resignation and rejoining my services, but they did not reply. I want you to suggest to me: should I wait for any legal notice from the court to come, or should I reply to the company before that?
Thanks
From India
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Thanks for your suggestion. I also want to tell you that I wrote an email to HR regarding the withdrawal of my resignation and rejoining my services, but they did not reply. I want you to suggest to me: should I wait for any legal notice from the court to come, or should I reply to the company before that?
Thanks
From India
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Employer suit for breaking service bond within 3 yrs - Delhi HC 5.9.2014.pdf
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