Saswatabanerjee
Partner - Risk Management
Pvenu1953@gmail.com
Retired Government Servant/advocate
Rdsyadav
Educator, Management Consultant & Trainer
Vivian Chandrashekar
Aast. Gen. Manager-hr
Damuservice
Instrumentation Engineer
+1 Other

Thread Started by #damuservice

Good afternoon all,
I need some advice. I work at a pharma company as an engineer. I was joined here on 5th Jan, 2015 with 2 years of experience. At the time of joining here, I have given a service agreement(notarized bond) of 3 years. But I have resigned here on 4th Nov,2016 and 1 more year is there to get completed my bond. Now I am in 3 months of notice period. To get me relieve from here, my company is asking me to pay 1,20,000(1 lakh twenty thousand) as per service agreement conditions. I can't afford that much of amount. I requested my HR a lot. But they are not listening to my words.
Please help me. Is there any way?
10th December 2016 From India, Hyderabad
Dear Damu, The bond is invalid unless they have spent money on your training. Howevr youmay have trouble getting relieving letter / experience certificate Regards, Col.Rathi
10th December 2016 From India, Delhi
DAMUSERVICE,

It is not easy to walk out just you like you want another picture. What is wrong if you fulfill the terms as already agreed by you unless there is drastic change in the agreement that is immoral and have adverse effect . I fail to understand that why an individual or any company agrees across table and later after some time, once any party gets into comfort zone,decides to break it without thinking its pros and cons. Parties are liable for such illegal breaches.Please understand that CiteHR community strongly feels that a person should always walk high headed ,as in first sight till last meetings with mutual respect, grace and their relationships at organization should be strong and inseparable. People come and go , which is a routine cycle. An employed person normally leaves services due to personal reasons not due to company . We can not think even to advise any body that you break your promise/ bond and stay comfortable.If you break the bond and don't comply, you are liable to pay what has been already written in the bond agreements you had signed and at this stage your company has valid reason to extract money what it is demanding plus you will be using your productive time in defending yourself before City Court too may be for min. 3-5 years.

So many times , we see similar problems , posted by mainly newly recruited guys who stay a year or few months in their employment and after they get another opportunity , they do not like to continue with first company.Its not only against own's conducts, values and beliefs but it is immoral , unethical and illegal act also.

Regds,

RDS Yadav

Director,

Future Instt. Of Engg and Management Technology
10th December 2016 From India, Delhi
Hi,
1-If there was a clause/point in the bond signed between you and company that you have to pay this amount if you leave /resign the organisation before tenure of 3 years, then logically and according to bond you are supposed to give this amount to company as you have agreed at the tie of joining, you were well versed with the terms & conditions of your employer.
2-Secondly if such point is not mentioned in your bond then no company can force you to pay this amount.
3-Hope fully as a aware professional you must have kept a copy of same bond signed between you and company in (soft/hard) .
4-You need to talk to your concerned authorities about this, if you have signed and agreed for payment then also there are chances to get some relaxation if your relation/performance/behavior and impact is good in your company .
Best Wishes.
Manish Srivastava
10th December 2016 From India, Lucknow
The company cannot indulge in private legislate through agreements of unequal bargaining power. The bond cannot be enforced unilaterally, nor can coercing tactics be adopted.
10th December 2016 From India, Kochi
In the above posting, "private legislate" may kindly be read as 'private legislation'.
11th December 2016 From India, Kochi
Hi Damu,
Mail me a scanned copy of your appoint order, agreement, other relevant papers so the suitable advice can be given since need to understand the clause carefully. at

Ph: 9916138191
12th December 2016 From India, Bangalore
Damu
Your period of experience is immaterial here.
A service bond in india is valid only if it is to recover the cost of any training given to you by the company. That too, there are conditions to be fulfilled, like being a formal training the company paid for etc.
you have not provided details of the bond or its circumstances, so giving further information is difficult.
However, if your next employer wants your to give them a reliving letter, you have a problem because your existing employer will not give it. The merits of the case then does not matter as you cant go to court (its costly and will take years to complete the case)
26th December 2016 From India, Mumbai
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