Dinesh Divekar
Business Mentor, Consultant And Trainer
Partner - Risk Management
Human Resourse Manager
Gm (hr)
+2 Others

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Hi I Am Working In A Software Company And I Have Signed For Bond Now I Have Resigned.As Per The Bond Employee Has To Pay 100000 I Am Ready To Pay The Amount But They Are Not Accepting My Resignation.How Can I Proceed Can I Go Legally If I Go How Much Time Does It Take?
From India, Hyderabad
Dear Rishi,

What is your designation? How many persons report to you? We need to this information in order to know whether the provisions of Industrial Dispute Act, 1947 are applicable to you or not.

Whether the provisions of ID Act 1947 apply to you or not, you may approach the Labour Officer (LO) of the area where your company is located. Generally in big cities, there could be 8-10 labour offices. Identify correctly in whose jurisdiction your company lies in. Approach the LO with the proof of your employment like appointment letter, ID card etc. Explain him your problem. Please speak in local language and not in English. If you do not know local language then speak in Hindi. Let us see whether LO helps to you. If your problem is resolved then well and good otherwise, we will think of the next course of action.

By the way, did you put up application to the MD explaining your problem? Without escalation, it would not be fair to approach LO.

All the best!

Dinesh Divekar

From India, Bangalore
Hi Rishi,
Please let me know wheather Company has issued the detailed appointment letter if yes then is that bond terms & condition were included in that ??
If you are ready to pay whatever has written in Bond then what the reason of not accepting it,clarify the reason from company -
Sunil Sharma

From India, Mumbai
It is illegal to demand any bond, monetary at that. You may seek remedy by contacting labour office of your office region. You may mention the fact to your employer, they may return the deposit & accept your resignation.
From India, Mumbai
Dear Rishi
i have replied you through my earlier post also.these bonds are illegal in india and there are only IT companies which are adopting these illegal practices.these will not stand in court of law.
please read my attachment to get full knowledge

From India, Delhi

Attached Files
File Type: pdf Negative Covenant in Contract of Employment-1.pdf (108.5 KB, 183 views)

Dear Sunil, About bond was not mentioned in offer letter bond letter was separate, the reason why they are stopping me is if they relieve me someone else from the bond will resign.
From India, Hyderabad
First, bonds As such are not illegal.

There is enough details in posts here about it, you can read and understand under what circumstances it is allowed.

You have not given any details of the bond or your employment period, so I assume it's a legally enforceable bond.

No one can force you to work where you do not want to do so. No one can force you to work after the notice period irrespective of whether they have accepted the resignation. The bond only defines the amount you need to pay in order to compensate the company for training costs.

So what you need to do is to send a resignation in a manner that there is proof of it being sent. Send again by registered post if necessary. Then serve your notice period. Intimate them about your last working day and ask for relieving process and handover.

After the last day, or on the last day, send a letter (again proof of delivery is important) offering to pay the bond amount and ask them to clarify the exit procedure, to,whom the cheque is to be sent and ask for your experience certificate. Don't send the cheque till they officially reply to you and confirm that the encashment of the cheque will be and official release.

Only remember that if your future employers want to do a background check, you will have a problem, so be upfront of what happened here.

From India, Mumbai
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