Working For 2 Years As Per Bond But Resigning With Out Serving Notice Period - CiteHR
Saswatabanerjee
Partner - Risk Management
Jeshkan
Manager-hr
Jpatadiya
Business
Deepak_medekar@yahoo.co.in
H.r Manager At Vasai.
Sandeep315
Trainee
Sumathi.p
Administration & Operations
HRM PGDM AIMA
Joint Manager In Dabur Nepal Pvt Ltd.
Subsgowda
Executive Hr
+1 Other

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I have joined in company by signing bond of 2 years to break bond i have to pay 1.5 lac bond say 6 months is training and 1.5 years have to serve but in training either they can terminate or i can terminate.Now i have completed 23 months and 1 month to finish 2 years in between for every 6 months i got a letter saying training has been extended .now i got a offer in another company so approached hr to relive me they say you have to serve 2years + 1 month notice period we can\'t relive you before the mentioned period .The joining date of new company i will finish my 2 years leaving 10 days,and i will not be able to serve notice period if i leave with out notice period they can take any legal action against me ? as my hr said we raise fir on you it is very much annoying me in present company pay is less, i have not became permanent i got very good offer please help me how can i proceed..?? iam ok to leave 1 month salary also ?

Hi Sandeep,

Do not worry. You can go ahead with your new job. But do the following before proceeding

1. Write a clear mail on your resignation to HR with a copy to your Boss and MD if possible. Do not forget to mention that you have completed 2 years and you are also ready to pay notice pay for a month. Wait for a day or two for their reply if they replied unfavorably or if they did not reply to your mail. You just keep that mail copy with you for future reference and proceed with your new plan.

2. Your current employer may say that they will not give relieving order or experience letter or may delay in issuing the same. But they can not say that they will not pay dues to be paid.

3. Try to have a word with your new employer on phone or through e-mail on your joining and see whether they can reconsider your date of joining. If they do not have any issue in your joining after a month, then it will not be a problem for you. if they are very particular about your on time joining, then check whether your new employer is very particular about experience & relieving letter from your current company. If yes, try to let them understand your issue and try convince them in professional way.

4. If your new employer is not comfortable with your late joining and your current employer is not allowing you to relieve immediately then do not worry about anything. Just proceed with your plan as no company can threaten its employee by bonds/Agreement etc. Even if they take a legal call, you will be the winner for sure as you are ready even to pay notice amount for a month.

Keep your new employer informed on this issue so that you will not have any problem in joining in new company.

Regards,

M.Kannan

HI Kannan,
Thanks for your suggestions..
I have written bank po exams and got through in it .Training starts next month,and they mentioned in my invitation letter that who failed to join mentioned date offer will be canceled and security deposit will not be refund,So i should join in mentioned date
No problem if they don't provide me reliving letter,if they provide it will be value added to my growth
but my problem is my hr said if you don't server notice period we proceed legally and will raise case on you .as i am going for bank job if any case filed on me it will be a black mark to my carrier..
As you mentioned i will speak to my managing director today and drop the mail on same so they may reply

Hi Sandeep,
Don't worry nothing will happen. They will surly not proceed with legal action and even if they take a legal call, it will not affect you for you sure.
Talk to your MD and Boss on your origination. Proceed with your new job.
Good Luck...!
Regards,
M.Kannan

Sandeep, I am agree with all the points mentioned by M. Kannan. Howerver, I’ll suggest you to have a word with your legal advisor to not to miss any part of this matter. Regards,
Dear Sandeep
Suggest you to keep all the original letters you have received so far on extension of your training periods, as well the original agreement you have entered. Do not given back any document to the present HR without retaining any copies. Pls. ensure to retain, the relevant mails also, so that in future, if any one starts troubling you on your quitting or for any reason thereafter, you can have the proofs of the instances. Best of luck to you at your new place.
Regards
sumathi P

When you write to your MD as suggested by Jeshkan, please do not forget to mention that your training was being extended every 6 months but in reality no training was being given. Instead all the work which was being extracted in the guise of training was being commercially traded outside. Hence, since no training has happened, the bond is not valid. Assuming that the bond is valid, the initial period of two years that has been stated has been completed. Any extension done was not with your consent and acceptance. Hence such a contract is void ab initio in the eyes of law.
Since, you desire to separate in a mutually cordial manner, request for relieving in a manner befitting a professional organisation so that you can be a good brand ambassador of the company.
If he is a professional, he will understand your language and release you.
If he does not, then do not bother. Just go and join.
Wish you all the best
Regards

Mr. Sandeep,

I have gone through your problem. It shows that you are still in training, so the terms & conditions in the bond the company has mentioned for training period only is applicable for you.

I don't know in bond they have mentioned about the extension of training, if they have not mentioned then their is no value for bond because you have the training extension letters is proof for you

or they have mentioned up to 1 year of training or it may extend you can quit the job by giving 1 month notice period or 1 month salary( if they mentioned in T & C in training period)

Communicate with them through written letter & get reply by written from them what ever they give you reply,

In your resignation letter you mention your join date & your designation and get photo copy of it to take receiving signature by your boss or HR Manager it is enough for your work experience. even if they won't give you experience letter.

You have to show the bond & your training extended letters to your new employer & explain in details don't worry everything will be ok

Regards

Subramanya

Dear sandeep, You shall forward without any bother about the past rather to your bright future as you already served the said period.
Hello sandeep,

I agree with the anonymous recommendation. Your bond is bond and you can not legally violate it but you have to find the loop holes existing in the bond. The bond says a training of 6months period and then your active service for next18months. Right? You have signed this bond and accepted the terms and conditions in it. So it is legally binding upon you. Did the company extended your training without giving any reasons for the extension? I think, yes it extended without quoting any reason or instance of bad performance. Moreover, you have been working in a commercial way and the company was getting commercial values of your work, then it is not a training but actual active working and you have to insist on this point. So try to get some written proof that your company was getting the commercial benefits of your performance and that is all. You mention these two facts in your notice and I am sure your company will not file any claim against you. You can discuss these points on the table in a professional way and may be able to settle the matter amicably and honourably too.

Mahavir Mittal


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