Hi, I joined a company on 13th September 2018 in Pune as an R&D Engineer with a bond of 2 years. It was not on stamp paper; it was just a normal paper. I was assigned duties that were mentioned in the joining letter. However, later when I joined the company, everything was different. They shifted me to a different department with no R&D work; I was in a different department. Now, there are various reasons why I left that company after 1.3 years (one of the reasons was they didn't pay the salary for two months) as I got a better offer. But now, they are holding my last month's salary, saying, "There was a bond, and we are deducting it from your salary." Can I file a case against them?
From India, Pune
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From India, Pune
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You had willingly signed a bond. You accepted different work. By actions and need, you didn't mind changes. Non-payment of salaries is a good ground to leave. Fighting a case for the last month's salary may not be a financially savvy decision. Expenditure and time in court will be higher than the salary. Put in your claim for salary and keep pursuing it after joining a new job. A new employer may view actions of legal battle as impacting your current work. So, take a balanced view and decide. You may at times have to take one step back to take two steps ahead.
From India, Pune
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3251From India, Pune
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Dear Colleague,
I presume when they put you on work other than R&D, you did not protest or insist on them giving you the work for which you were hired. It would have helped you now in your legal battle. But now it is too late. I suggest you write to them that your reason for leaving is their default, and you have not violated the terms of the bond, but they have. Therefore, their holding your last salary and adjusting it against the bond money is illegal. Threaten them that if they fail to pay within a week, you will seek legal remedy.
This may or may not work. If it doesn't, forget the salary and move forward with your new job.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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I presume when they put you on work other than R&D, you did not protest or insist on them giving you the work for which you were hired. It would have helped you now in your legal battle. But now it is too late. I suggest you write to them that your reason for leaving is their default, and you have not violated the terms of the bond, but they have. Therefore, their holding your last salary and adjusting it against the bond money is illegal. Threaten them that if they fail to pay within a week, you will seek legal remedy.
This may or may not work. If it doesn't, forget the salary and move forward with your new job.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Employer suit for breaking service bond within 3 yrs - Delhi HC 5.9.2014.pdf
Bond letter.doc