Can Job Letter (Joining Letter) Be Used As A Legal Bond? - CiteHR
Sushilkluthra@gmail.com
Consultant In Legal Matters
Ajayrathore111
Sr. Engineer

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Hello

Recently I've joined an IT company (in May 2015). At the time of my joining, my company provided me a joining letter on company's letter head. It contained all terms and norms including my job responsibilities. In that letter, it is mentioned that I can not leave this job till next 15 months and if I'll break the contract, I need to pay 1.5L to company. With this information, company asked me to submit a post dated cheque (the cheque date is Nov 2016 ). I submitted that cheque to company.
Company provided me a copy of joining letter and take my receiving (with signature) on another joining letter copy. In that joining letter, my probation period was 3 months.

After a month of joining, I'm feeling a big trouble with the work environment and with daily changing company policies. 2 Days ago my HR asked me to submit my original educational degree and mark sheets to company, and that I surely do not wish to submit.

As my joining time is just a month in this company, so it seems very difficult to stay in this company for next 1.2 years. Presently I've 2 job offers for the same post. Kindly suggest me the way so that I can leave this company.

Can I leave this company in my probation period. In my joining letter, it is mentioned only that company can terminate me without any notice? Can I leave it with or without notice. Also can company take any legal action if I stop my post dated cheque or close my account in that particular bank?

I received all the details in company letter head "titled as "Employment Agreement "". I did not signed any legal bond paper with the company.
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Company cannot take any action against you. Accept the best offer which you have in Hand. And issue stop cheque payment instruction to the Bank for the concerned cheque no.
Even a company demanded PDC cheque from me, but I did not give them and neither did i accept the offer.
Bond has to be executed on stamp paper of appropriate value stamp paper. Despite such execution, the employer can sue to recover reasonable amount of damages under sections 73 and 74 of the Contract Act appropriate to the expenditure incurred upon you on imparting training etc incurred upon you. Since nothing of this sort happened in your case, no damages are recoverable from you even if you leave without notice period during probation. For arguments, you can take the plea that under Shops and Establishment Act, no amount as sought by employer can be recovered by him. Please see threads on recovery of bond amount.
Thanks
Sushil
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