Respected Sir/Madam,
I am working as a JE in BSNL since 30.10.2017. At the time of joining, I signed a Bond agreement (file attached) on a stamp paper with the employer. As per my service bond agreement, I have to pay about 1.70 lakh if I resigned before two years of service. Now, I have resigned, and the BSNL admin section has sent me a bond demand note (file attached) that does not align with my service bond agreement. The 6th and 4th clauses of my service bond agreement are as follows (for the complete bond agreement, I have attached the file):
6) Trainee and surety have further agreed that they are jointly or severally shall pay and refund forthwith to the BSNL on demand an amount of Rs. 1,70,000/- (Rupees One Lakh Seventy Thousand only) paid to him/her as Stipend during the period of his/her training, including training expenses incurred on him/her by the Company, which in this case shall be Rs. 1,20,000/- for ten weeks along with the interest @ 18% p.a. along with losses/damages which BSNL may suffer by reason of the breach of the conditions of Agreement. Upon the trainee and/or the surety making such payment, the above-written bond shall be void and of no effect; otherwise, it will remain in full force and virtue.
4) THAT the BSNL has called upon the trainee to furnish a Bond to the extent of Rs. 5000/- (Rupees Five Thousand only) for indemnifying the Company against all losses or damages which the BSNL may suffer by reason of the breach of the terms of this agreement by the trainee.
Now, I am ready to pay the Rs. 1.70 lakhs according to my bond agreement, but the BSNL admin section asked me to pay the one-month salary recovery and an additional 18% GST. Both things are not written in my original bond agreement. My questions are as follows:
1. How can they charge additionally one month salary as nothing is mentioned in my service bond agreement?
2. As GST came into force in July-August 2017, and I signed a bond agreement with the employee in October 2017, and nothing is mentioned about 18% GST in the bond agreement. Now, the BSNL admin section is saying that GST is applicable to the bond agreement and that the bond agreement is amendable/changeable. Now, kindly provide guidance regarding who will pay the additional GST charges to the government, the employee, or the employer? Or can these additional 18% GST charges be compensated within 1.70 lakhs?
I have attached both the bond agreement and bond demand in a single file one after another.
Thanks and regards,
Vivek
From India, Delhi
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1I am working as a JE in BSNL since 30.10.2017. At the time of joining, I signed a Bond agreement (file attached) on a stamp paper with the employer. As per my service bond agreement, I have to pay about 1.70 lakh if I resigned before two years of service. Now, I have resigned, and the BSNL admin section has sent me a bond demand note (file attached) that does not align with my service bond agreement. The 6th and 4th clauses of my service bond agreement are as follows (for the complete bond agreement, I have attached the file):
6) Trainee and surety have further agreed that they are jointly or severally shall pay and refund forthwith to the BSNL on demand an amount of Rs. 1,70,000/- (Rupees One Lakh Seventy Thousand only) paid to him/her as Stipend during the period of his/her training, including training expenses incurred on him/her by the Company, which in this case shall be Rs. 1,20,000/- for ten weeks along with the interest @ 18% p.a. along with losses/damages which BSNL may suffer by reason of the breach of the conditions of Agreement. Upon the trainee and/or the surety making such payment, the above-written bond shall be void and of no effect; otherwise, it will remain in full force and virtue.
4) THAT the BSNL has called upon the trainee to furnish a Bond to the extent of Rs. 5000/- (Rupees Five Thousand only) for indemnifying the Company against all losses or damages which the BSNL may suffer by reason of the breach of the terms of this agreement by the trainee.
Now, I am ready to pay the Rs. 1.70 lakhs according to my bond agreement, but the BSNL admin section asked me to pay the one-month salary recovery and an additional 18% GST. Both things are not written in my original bond agreement. My questions are as follows:
1. How can they charge additionally one month salary as nothing is mentioned in my service bond agreement?
2. As GST came into force in July-August 2017, and I signed a bond agreement with the employee in October 2017, and nothing is mentioned about 18% GST in the bond agreement. Now, the BSNL admin section is saying that GST is applicable to the bond agreement and that the bond agreement is amendable/changeable. Now, kindly provide guidance regarding who will pay the additional GST charges to the government, the employee, or the employer? Or can these additional 18% GST charges be compensated within 1.70 lakhs?
I have attached both the bond agreement and bond demand in a single file one after another.
Thanks and regards,
Vivek
From India, Delhi
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Dear Vivek,
Thank you for reaching out with your concerns. Based on the information given, I understand that you are being asked to pay additional costs beyond what was stated in your original service bond agreement. Here is a step-by-step guide on how to handle this situation:
🔍 Step 1: Review Your Service Bond Agreement 🔍
Go through your service bond agreement once again to ensure that there are no clauses or references that could potentially be interpreted to include the additional charges being imposed by the BSNL admin section.
🔍 Step 2: Legal Consultation 🔍
Consider seeking advice from a legal professional. They can provide insights into your specific situation and possible outcomes.
🔍 Step 3: Communicate with the Employer 🔍
Once you have a clearer understanding of your agreement and legal standing, reach out to your employer. Express your concerns regarding the additional costs and ask for clarification.
To answer your specific questions:
1. One-month salary recovery: If this is not explicitly mentioned in your bond agreement, it may not be enforceable. The company should adhere to the terms of the agreement you signed.
2. GST Charges: The implementation of GST was indeed in July 2017. If this was not mentioned in your bond agreement signed in October 2017, it's questionable whether it can be imposed retrospectively. Typically, any changes to an agreement should be mutually agreed upon.
Remember, the agreement is a legal document, and both parties are bound to honor its terms. If the company is asking for additional payments not covered in the agreement, you may have legal recourse.
Lastly, it's recommended to keep all communication regarding this matter in written form (emails, letters), as these can serve as evidence if any dispute arises later.
I hope this advice guides you well in resolving your issue.
Note: This advice does not constitute legal advice. For legal concerns, it is recommended to consult a legal professional.
From India, Gurugram
Acknowledge(0)Amend(0)
Thank you for reaching out with your concerns. Based on the information given, I understand that you are being asked to pay additional costs beyond what was stated in your original service bond agreement. Here is a step-by-step guide on how to handle this situation:
🔍 Step 1: Review Your Service Bond Agreement 🔍
Go through your service bond agreement once again to ensure that there are no clauses or references that could potentially be interpreted to include the additional charges being imposed by the BSNL admin section.
🔍 Step 2: Legal Consultation 🔍
Consider seeking advice from a legal professional. They can provide insights into your specific situation and possible outcomes.
🔍 Step 3: Communicate with the Employer 🔍
Once you have a clearer understanding of your agreement and legal standing, reach out to your employer. Express your concerns regarding the additional costs and ask for clarification.
To answer your specific questions:
1. One-month salary recovery: If this is not explicitly mentioned in your bond agreement, it may not be enforceable. The company should adhere to the terms of the agreement you signed.
2. GST Charges: The implementation of GST was indeed in July 2017. If this was not mentioned in your bond agreement signed in October 2017, it's questionable whether it can be imposed retrospectively. Typically, any changes to an agreement should be mutually agreed upon.
Remember, the agreement is a legal document, and both parties are bound to honor its terms. If the company is asking for additional payments not covered in the agreement, you may have legal recourse.
Lastly, it's recommended to keep all communication regarding this matter in written form (emails, letters), as these can serve as evidence if any dispute arises later.
I hope this advice guides you well in resolving your issue.
Note: This advice does not constitute legal advice. For legal concerns, it is recommended to consult a legal professional.
From India, Gurugram
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Bond letter.doc