Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Kumar 252
Software
+1 Other

I have been working for a small it firm since April 2016. They have bond for 2 years And notice period 3 months. In my offer letter they mentioned "3 months notice incase of service agreement (bond) absence" or if my employer sack "2 months notice".
Here my query is, shall I serve notice period from my 1 year 9th month to finish 2 years service agreement (or) should I serve notice period after 2 years completion?

From India, Hyderabad
Dear Kumar, It would be better that you provide the extract of the relevant portion of the offer letter/appointment orders.
From India, Salem
Dear Kumar,
Your statement is totally contradictory. First of all, let me clear you that as per verdict of Supreme Court, no bonded labour in India is permissible.
Secondly, if the notice period is there, how the bond for two years as well as notice period of 3 months be applicable together.

From India, Karnal
Thank you for your response Mr. UMA Lanthanum & Pmd.
After 1 year 4 months I joined (in August 2017) they asked me to sign on bond which states that is valid from my date of joining i.e. April'16, also bond dated June 2016. They compelled me to sign and they haven't given me one copy to me. So I cannot able to provide the text that written on bond.

From India, Hyderabad
@ Mr. Umakanthan, Sorry typing mistake "Thank you Mr. Umakanthan"
From India, Hyderabad
My offer letter contains the following description about notice period.
" Your service with the company is bounded by the employment agreement. The notice period required is 2 month's written notice by the company and 3 month's written by yourself and (only applicable in the absence of the employment agreement)"
In case of gross misconduct company reserves the right right to terminate the employment without notice.

From India, Hyderabad
Dear Kumar: Your service agreement specifically states that notice period of three months is applicable where bond is absent. So in your case the requirement is two years service, also it does not say that the two cannot run concurrently. So the option of 1 year 9monh service and giving notice of three months should suffice to come out of liability in both cases.
From India, Mumbai
Dear KK, Thank you. I didn’t get last sentence, could you please explain meaning of "suffice to come of liability"
From India, Hyderabad
Dear Kumar,
In this matter already members have given their opinion. In your case there is two contract i.e Your Appointment letter and Bond. It is better you go thoroughly through the booth the documents to avoid mishap. As per your appointment letter, notice period is 3 months in case of Bond or 2 months in absence of bond.
You can only serve notice on completion of 2 years of service not prior to that, if you are under bond.

From India, Mumbai
Dear Kumar, I meant that at the end of one year nine month service, if you give notice of three months to quit the service, you would not only serve the total bond period of two year service and at the same time the notice period also, in case it is sought. So simultaneously both the bond period as well as notice period would be over without any extra service period. However, I am of the firm opinion that the notice period clause is not attracted in your case.
From India, Mumbai
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