Stuck in a Service Bond: Can I Resign and What Are My Legal Options?

Hi, I am working in a software company and I have signed a bond. Now, I have resigned. As per the bond, the employee has to pay 100,000. I am ready to pay the amount, but they are not accepting my resignation. How can I proceed? Can I go legally? If I do, how much time does it take?

Dear Rishi,

Please check your appointment letter or the bond carefully. If it clearly mentions the notice period or the bond amount, you may send them a reminder. Advise them along with a bank draft in the name of the company duly acknowledged by them. Meanwhile, contact the new employer and take them into confidence by showing your resignation letter. Then leave the company with a final notice.

If the notice period is not provided in the offer letter, there is none. Also, the bond should not exceed the money that the company has already spent. Give a legal notice to the company through an advocate, stating that you are terminating the contract because the bond is illegal. A termination letter is not necessary; the offer letter and salary slip will suffice. Speak to the HR manager in the new company; they will most likely understand. You can also approach the labor court for redressal.

Dear Rishi,

There are various bonds that software companies include in their contracts. The most important one for you is to serve notice pay or, in lieu of that, as per the terms and conditions of your service contract/appointment letter. Bonds are completely illegal in India. As suggested by my earlier friends, you can send them a notice through an advocate about your intention of leaving the job and do not pay any bond amount.

Thank you.

Thanks for your guidance, guys. I can send a legal notice to them, but I need the experience and relieving letter urgently to join another organization. When can I expect to receive them? If I go the legal route, will it affect my background verification?