Can Employers End Contracts Early Despite Bonds and Security Checks? What Can Employees Do?

Dear Members,

Can an employer terminate employees with whom they have signed a bond for three years and also taken a security check of Rs 80,000? Termination under performance issues without giving the proper notice period to the employee. In that case, what action can the employee take against it? Please suggest and help.

Regards,
Sonam

Hi,

As per my understanding, the employer can terminate the employee due to low performance or disciplinary action without considering the employee's bond.

Let's wait for other replies as well.

Dear Members,

Kindly reply and advise. What should I do? As there is no performance issue, no warning letter has been issued, and it seems like office politics are at play. How can I retrieve my security cheque?

Regards,
Sonam

Hello Sonam,

When there's no performance issue, why the termination? Any attitude or disciplinary issues? Just office politics may not lead to such a situation—what's HR doing then? Doesn't the bond have any clause related to resignation or termination? There ought to be something mentioned for sure. Please check. Usually, whatever is applicable to the employee is applicable to the employer. If you already received the Termination Letter, what reasons does it give? Coming to the security cheque—I presume it's a PDC—please give more details [as mentioned above]. I am sure there would be some way out.

Regards,
TS

Dear TS,

In the HR department, there is only one person, and she left the job last month. Till now, no one has been hired, and no termination letter has been given, just verbal communication. However, nothing specific was specified, just that your performance is not up to par. I am working as an admin executive.

The bond states that under the probation period, the employer can terminate an employee due to performance issues without a notice period. The cheque is post-dated.

Regards,
Sonam

Hi, Sonam.

What does the bond say if the employee wants to leave - how much notice period? Also, did you ask about the PDC when they told you regarding the termination? You mentioned that they stated the reason as performance-related. So, you can be sure that they will find (if needed, cook-up a few things) some reasons to show in case you insist on knowing the reasons in writing.

My suggestion is this: just focus on getting the PDC back and look for other openings. Please reply regarding my query about PDC. My feeling is they may not refuse - unless their motives are different. If you haven't asked them about it so far, ASK. Since they told you to quit, allow the facts - whatever they may be - to come out into the open. Like they say: cross the bridge when it comes.

Regards,
TS

Dear TS,

Thank you for your reply. Bond states that the employee must serve a 3-month notice in case he/she decides to quit. I have not inquired about the PDC yet as everything was discussed verbally.

Regards,
Sonam

My company always threatens the employees that they will use the cheque signed by the employee at the time of joining. The cheque is taken as a security amount.