Dear Pallav,
I find similar question and answer in
www.vakilno1.com. It may be of use to yu:
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Q: I wish to know the consequences of breach of employment bond given by an employees: On the employee himself, On the company that employs him subsequently. If the bond states that the employees can be used for criminal breach of trust on breach of the bond, how enforceable is this clause?
A. As regard the breach of the employment bond given by an employee in this regard it is advised that if an employee has signed a bond after he get specialized training from the company then a civil case can be filed against him for recovery of the amount mentioned in the bond if there is any breach. As regard the company that employs him subsequently, there is no liability of the company, which employs him subsequently. Breach of bond is not criminal breach of trust it is of civil consequences and that also have to be proved in the Court of Law. In no manner it can be termed as criminal breach of trust.
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What I understand from the answer is that if your resignation from job or leaving the job (if your resignation letter is not accepted by your Employer) without Employer's acceptance leads to any 'civil consequences', like non-performance of some work undertaken by some Contractor/company under some contract, which forces the contractor/company to incur loss, then your bond has significance. And the company has to prove it in court of law that it incurred such and such loss due to your action of leaving the job. That is what, as I understand, he means by the phrase "civil consequences".
The legal expert is of the opinion that breach of service bond (contract) is not 'criminal breach of trust'.
Regarding your "experience certificate", I feel if you have experience in the company the company is under obligation to give you a "experience certificate", that has nothing to do with your leaving the job. Whether you have completed the term or not is a different issue. You worked there for some time. It is a fact. And hence your employer is under obligation to disclose facts to all those who are concerned. Your leaving the job and experience certificate are two different matters, he (your employer) cannot refuse to offer experience certificate on the ground that you have left the job before completion of term you agreed to work with him.
If you have strongly decided to leave the job and be prepared for legal consequences (if any), then offer resignation letter to the company. They may say, "we will not take" or "we will not accept". If they say, we will not take, you can force them to take it by saying, "if you don't accept my resignation letter, say that in writing, but you can't refuse to take the letter".
Once it is offered you can demand "experience certificate" from date of joining to date of resignation, because it is not illegal to force someone to declare the facts known to them in writing.
These are my personal views on the subject.
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