Hello I have 60 days notice period and 1 year bond with a company. It was a night shift company so I changed it after 10 months and told them I couldn't do it. I don't want any relieving letter of anything because my new company says it doesn't matter just come we need person quickly. They are threatening for legal action. My current company don't have any problem with it. My previous company threatening saying they will charge me with data theft etc. Should I be concerned? Please help!
From India, Mohali
Labour Law & Hr Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants


There are two distinct things involved in the immediate unilateral exit of the current employment by the employee mentioned in the post.
One is compulsory service of one year by the employee as per the bond executed by him or the legal obligation to pay a certain sum as liquidated damages in lieu thereof for breach of the bond by him.
The other one is giving 60 days notice before resignation by unilateral termination of the contract of employment and serving the notice period or buy-out of it subject to the discretion of the employer.
If the employee does not fulfill these two conditions the employer is at liberty to refuse to accept his resignation and formally relieve him.
Of course the justifiability of the bond depends on the time and money invested by the employer to impart any training to the employee soon after his appointment and the amount of liquidated damages claimed about which no mention in the post.
Whether the prospective employer as well as the poster himself is concerned about the poster's formal relief from the present employment or not, it can still be treated as dual employment by the present employer and the poster is prone to disciplinary action against this which can spoil his future employment on the whole.
The threat of action against alleged data theft may cause pain to the poster and loss to the employer if successfully persued by him.

From India, Salem
Kritarth Consulting

Employment is deemed a "Contract" between two or more mustually & voluntarily Consenting Adults per India Contracts Act 1872, hence "Obligatory" and "enforceable" on the contracting parties. Any breach of theagreed to Terms of Contract will call for corrective actions failingwhich, may lead to enforced Obedience by the Non-Conforming Party/ Signatory.
Whether you were "Employed-on-Probation" is a relevant Factor and in case you were on still-on-Probationary Period you could "call-it-quit" without notice period as has been the "settled" practice/ precedent in Employment-on-Probation case.
If you were already "Confirmed" at the end of Prescribed Probationary Period or the Probationary Period was "shortened", asit were at the behest of the Employer and thereby you became a" Permannet Employee against a Permanenet Position/Post", and a Revised Set of Co's Rules applied to you namely "Giving Notice Period" as prescribed in the Confirmation Letter, you were "obliged" to Serve the Notice Period irrespective of "Inconvinience" mentioned by you and it is "Self-evident" from your post that you did not exert / excercise any Discretion" when you hastily decided to report for "Duties" in another Establishment without "getting properly Relieved" / from the Establishment you were/are employed on their Muster-Roll which amounts to "Dual Employment" which in itself is Unlawful Act on your part, hence null & void attracting thereby ?remedial legal action including Punishment and Penalties.
In the circumstance, it is surely "a matter of concern" for you and as far as "threatening" of legal action agasinst you is concerned your" current Employer" (as refered to by you" may be " charged with "illegal poaching" as commonly understood.
It is expedient, therefore that you revert to your First Employer requesting them to gracefully "amicably " settle the pending matter and "relieve"" you of your Duties/Employment, propely including " Discharing you From their Muster-Roll, formally/offcially closing the somewhat bitter "disposition" as it were.
Kritarth Team,
Bengaluru Service Office
16 Feb 2019

From India, Delhi

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