Nagarkar Vinayak L
Hr And Employee Relations Consultant
Nathrao
Insolvency N Gst Professional

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Hi, I joined a company on 13 SEP 2018 in Pune as a R & D Engineer with a bond of 2 years, it was not on stamp paper it was just a normal paper. I was assigned for duties which was mentioned on the joining letter, but later when I joined the company everything was different they shifted me to different department , no R & D work I was in different department, now there are many reasons by which I left that company after 1.3 yrs ( one of the reason was they didn't have salary for two months) as I got better offer, but now they are holding my last month salary they are saying " there was a bond and we are deducting it from your salary". can I file a case against them.
You had willingly signed a bond.
You accepted diffetent work.
By actions and need you didnt mind changes.
Non payment of salaries is a good ground to leave.
Fighting a case for last month salary may not be a financially savvy decision.
Expenditure n time on court will be higher than salary.
Put in your claim for salary n keep pursuing it after joining new job.
New employer may view actions of legal battle as impacting on your current work.
So take a balanced view n decide.
You may at time have to take one behind to take two steps ahead.

Dear Colleague,
I presume, when they put you on work other than R&D, you did not protest or insisted on giving you that work for which you were hired. It would have helped you now in your legal battle.
But now it is too late Suggest you to write to them that your reason for leaving is their default and you have not violated the terms of the bond but they have. Therefore their holding your last salary and adjusting it against the bond money is illegal. Threaten them that if they fail to pay within a week you will seek legal remedy.
This may or may not work. If it doesn't , forget the salary and move forward with your new job.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

Please note that even if the Bond is not signed on Bond paper but on plain A$ or Green paper is valid as a Contract.So it is better to compromise with your employer and avoid breaking it.
V.Sounder Rajan
Advocate

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