Hi, I joined a company 1 month back, but due to personal issues and my husband moving out of town, I need to quit. I signed a bond for a year, but I have not signed the offer letter. The company has my degree certificate due to miscommunication. Now that I have informed them about my need to leave, they are insisting that I serve a 2-month notice period. I have not received my salary for this month. What should I do to retrieve my degree? I don't need any experience certificate, and they have mentioned they will not provide any payment.
From India, undefined
From India, undefined
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Firstly, getting your certificate back is not a problem. It is not a good on which the employer can hold any lien. You had entrusted these to your employer, and upon your demand to return it, if he does not do so, he is liable for an offense under section 406 IPC. Send him a legal notice in such a manner that he returns your originals and pays your dues as well.
Legally, since he seems to have incurred no expenditure on your training, he cannot recover any damages through the bond under sections 73 and 74 of the Contract Act. The validity of the bond is also doubtful because that would also be subject to signing your offer of appointment. Under the Shops and Establishment Act, unless you have rendered the specified period of service, no notice period is required to be given to resign.
Thanks,
Sushil
From India, New Delhi
225Legally, since he seems to have incurred no expenditure on your training, he cannot recover any damages through the bond under sections 73 and 74 of the Contract Act. The validity of the bond is also doubtful because that would also be subject to signing your offer of appointment. Under the Shops and Establishment Act, unless you have rendered the specified period of service, no notice period is required to be given to resign.
Thanks,
Sushil
From India, New Delhi
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