Hello All, I was under an employment bond of 2 years(out of which 1.2 years i have already served). The bond amount is 2 lakhs. Due to some medical reasons, I had to resign. My manager and the management knew I was facing health issues. All the medical documents were already submitted. I was asked to serve 3 months notice which I happily obliged. I resigned on 24th November, but wasn't paid November month salary. On asking, the Account department said per policy, 1st-month salary is on hold till F&F. Hr kept avoiding discussions and asked me to wait.
Furthermore, they deducted December salary as well. When enquired, HR said we are deducting this in lieu of your bond amount and you would not be getting any pay till your notice period which ends in February. When asked for written confirmation, they refused. In fact, they never gave anything in writing. I was very clear on not paying the bond amount right from the day I resigned and the same was communicated to HR from the very beginning. Please note, no type of money was spent on my training or any certifications. When asked, they have no answer for why should I be paying the bond amount? There is no cost company has incurred because of me so why should I pay a 2 lakh bond amount? By the end of my notice, the bond amount will be recovered in lieu of my salary. What should I do in this scenario? I have now decided to quit my job. I have already served 44 days of notice out of 90 and have 9 earned leave balance.
Please help
From United States, Dallas
Furthermore, they deducted December salary as well. When enquired, HR said we are deducting this in lieu of your bond amount and you would not be getting any pay till your notice period which ends in February. When asked for written confirmation, they refused. In fact, they never gave anything in writing. I was very clear on not paying the bond amount right from the day I resigned and the same was communicated to HR from the very beginning. Please note, no type of money was spent on my training or any certifications. When asked, they have no answer for why should I be paying the bond amount? There is no cost company has incurred because of me so why should I pay a 2 lakh bond amount? By the end of my notice, the bond amount will be recovered in lieu of my salary. What should I do in this scenario? I have now decided to quit my job. I have already served 44 days of notice out of 90 and have 9 earned leave balance.
Please help
From United States, Dallas
Dear member,
Well, gentleman, you had signed the employment bond at the time of joining the service. While signing the legal agreement, you could have shown a cautiousness on the troubles that you could face during the lock-in period of the legal agreement i.e. bond.
Now, after giving resignation, you say that "I was very clear on not paying bond amount right from the day I resigned, and the same was communicated to HR from the very beginning." By saying so, you do not wish to oblige the contents of the legal agreement. How it is possible?
Legally, there is no solution to your problem as such. At best you can file a lawsuit as you claim that the company did not incur any expenses on account of the training and thereby forfeits the claim of the bond amount. However, do you think that proving this in a court of law is that easy? The case will drag on for the next 25 years and by the time a verdict will be given, you will not have the energy to enjoy it even if you win the case.
Talk to your HR and find a midway. Convince them that you do not wish to leave the job but the medical condition has forced you to quit the job. You may submit an application to the MD asking clemency and release you on the compassionate grounds.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Well, gentleman, you had signed the employment bond at the time of joining the service. While signing the legal agreement, you could have shown a cautiousness on the troubles that you could face during the lock-in period of the legal agreement i.e. bond.
Now, after giving resignation, you say that "I was very clear on not paying bond amount right from the day I resigned, and the same was communicated to HR from the very beginning." By saying so, you do not wish to oblige the contents of the legal agreement. How it is possible?
Legally, there is no solution to your problem as such. At best you can file a lawsuit as you claim that the company did not incur any expenses on account of the training and thereby forfeits the claim of the bond amount. However, do you think that proving this in a court of law is that easy? The case will drag on for the next 25 years and by the time a verdict will be given, you will not have the energy to enjoy it even if you win the case.
Talk to your HR and find a midway. Convince them that you do not wish to leave the job but the medical condition has forced you to quit the job. You may submit an application to the MD asking clemency and release you on the compassionate grounds.
Thanks,
Dinesh Divekar
From India, Bangalore
Respected sir,
Hr didn't release the offer letter beforehand instead insisted on releasing the Offer letter on the joining date itself. All these clauses weren't discussed beforehand. They didn't even discuss all this when I resigned. Now after deducting 2 months Salary they are telling me this.They kept on stalling me which made this worse and they don't want any middle ground.
As per them , I am bound to serve notice till the amount equals to 2 lakh.
Furthermore they don't even want to do any written communication.
From United States, Dallas
Hr didn't release the offer letter beforehand instead insisted on releasing the Offer letter on the joining date itself. All these clauses weren't discussed beforehand. They didn't even discuss all this when I resigned. Now after deducting 2 months Salary they are telling me this.They kept on stalling me which made this worse and they don't want any middle ground.
As per them , I am bound to serve notice till the amount equals to 2 lakh.
Furthermore they don't even want to do any written communication.
From United States, Dallas
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Salary-Note.doc
SALARY SHEET CALCULATION.xls