Hi all,
Last year (Dec 2005), I have joined a company. They told me during interview that company is a Microsoft Office Project Partner. During interview they told me that I have to sign a Bond for 2 year and if I will break this bond before 2 year than I have to pay Rs. 100000/-. After some day of interview I got e-mail from their HR Manager that I am selected for the Post of "Lead Software Engineer" and my grade is 5. They have grading system for employees. 1 is top most grade and 10 is lower most.
When I go for joining after resigning for current job on that time, They give a joining letter. In this letter they give me grade 5.5 and post is "Sr. Software Engineer". Bond break cost is 1.5 time of total salary drawn. Means interview and joining is totally different.
After talking to HR person, they told me that they will correct it.
After some time, I came to know that this company is not "Microsoft Office Project Partner" and only all are getting 45% salary of CTC in hand. Remaining salary is not achievable due to many if and buts.
Bond was on simple A4 paper.
After long time Bond, Grade, Joining letter and Designation is not corrected. So, I resigned form this company after 10 months (Sep 2006).
They send a letter to my current employer about my bond money that Rs 225563/- is due from me and does not issue me relieving letter and experiance letter.
Please help me, how I can get relieving letter, experiance letter and salary of Sep 06 from them.
From India, Jaipur
Last year (Dec 2005), I have joined a company. They told me during interview that company is a Microsoft Office Project Partner. During interview they told me that I have to sign a Bond for 2 year and if I will break this bond before 2 year than I have to pay Rs. 100000/-. After some day of interview I got e-mail from their HR Manager that I am selected for the Post of "Lead Software Engineer" and my grade is 5. They have grading system for employees. 1 is top most grade and 10 is lower most.
When I go for joining after resigning for current job on that time, They give a joining letter. In this letter they give me grade 5.5 and post is "Sr. Software Engineer". Bond break cost is 1.5 time of total salary drawn. Means interview and joining is totally different.
After talking to HR person, they told me that they will correct it.
After some time, I came to know that this company is not "Microsoft Office Project Partner" and only all are getting 45% salary of CTC in hand. Remaining salary is not achievable due to many if and buts.
Bond was on simple A4 paper.
After long time Bond, Grade, Joining letter and Designation is not corrected. So, I resigned form this company after 10 months (Sep 2006).
They send a letter to my current employer about my bond money that Rs 225563/- is due from me and does not issue me relieving letter and experiance letter.
Please help me, how I can get relieving letter, experiance letter and salary of Sep 06 from them.
From India, Jaipur
Dear Ajit
Negative covenants in contract (bond) restraining from undertaking employment elsewhere after leaving job is invalid and in violation of Section 27 of the Indian Contract Act. No court can grant injunction in such cases on such agreements. The Judgement of Delhi High Court in American Express Bank Ltd. Vs. Ms. Priya Puri 2006 (110) FLR 1061 protects your right.
Accordingly, You may advise your employers not to worry about the letter sent by your previous employer.
Regards
Anand
Negative covenants in contract (bond) restraining from undertaking employment elsewhere after leaving job is invalid and in violation of Section 27 of the Indian Contract Act. No court can grant injunction in such cases on such agreements. The Judgement of Delhi High Court in American Express Bank Ltd. Vs. Ms. Priya Puri 2006 (110) FLR 1061 protects your right.
Accordingly, You may advise your employers not to worry about the letter sent by your previous employer.
Regards
Anand
Dont do anything. They cant recover money from you. The bond cant be force on you because bonded labour is prohibited in our country.
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