sachin-pawar1
Hi,

I am currently working in a IT company based in Pune and I have signed a bond with them to be employable with the company for minimum of 3 months and this is exact languages that is used in the Bond.

Now the issue is, I resigned 3 days before I complete my 3 months because I have to serve 2 months of notice from the date of resignation and hence my total employment with the company would be more than 3 months. But HR is demanding bond amount stating that you have resigned before 3 months which is nowhere mentioned that I cannot resign before 3 months, it's just says I have to be employable for minimum of 3 months which I am fullfilling.

P.S - I am following proper resignation and exit protocol and not absconding.

I am wanted to take expert's advice on what my remedies would be if HR creates problems to release my relieving and experience letter.

From India, Noida
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Drsivaglobalhr
Doctor Siva Global Hr
KK!HR
Management Consultancy

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umakanthan53
5916

Dear Sachin,

Without going through the actual text of the bond, it is not possible to give an answer either way.

However, assuming your version is correct, the opinion of your HR may not be correct both factually and legally for service of the employee begins on the date of his joining and ends on the date of his relieving consequent on his resignation, both days inclusive. Date of submission of resignation is immaterial in the case of it taking effect from a future date.

Try to convince your management.

From India, Salem
sachin-pawar1
Dear Sir, Thanks for your input. Below is attached Bond that I have signed for proper interpretation.
From India, Noida

Attached Files (Download Requires Membership)
File Type: pdf offer acceptance_Sachin Pawar-1-signed (1)-pages-deleted (1).pdf (543.6 KB, 43 views)

KK!HR
1342

The legal principle is that notice period and bond period runs concurrently as your services are available to the organisation for this period. Since the notice period far exceeds the remaining bond period the contention of your authorities is patently wrong and unmindful of the involved legalities. To clarify further for your information, the shortage in the bond period, even if we go by the interpretation given by HR, is only three days and so they can ask for only proportionate bond amount and not for the entire bond period of three months.
You can reply to them pointing out the above. Hopefully they will try to understand the position and don't harass you any further

From India, Mumbai
drsivaglobalhr
293

Dear Colleague,

When we peruse the agreement you singed the clauses 5,6,7,8,9,10 are declaring your acceptance that you will not try for any new employment at least for 3 months. You will deactivate your resume, will not accept any invite from any consultant and so on. It is a clause very crystal clear and if you had tried and got job / accepted any offer within the first 3 months of your joining it is a breach of contract you had singed based on the document shared by you. It will be liable and the organization has right to claim the compensation mentioned in the agreement. It is legal from the organization side. Hence handle this with care and deeper understanding and not lose hard earned money. Handle this situation suitably and discussion with HR for support further. Legally you can not contest this case.

From India, Chennai
saswatabanerjee
2317

I find it strange that a company is going through so much of trouble to keep a candidate in employment for just 3 months. and then making an issue of him resigning 3 days early (with notice pay exceeding the remaining period)

There is something strange going on
Neither the agreement nor the event makes any sense

From India, Mumbai

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