Navigating Notice Periods: Should I Serve Before or After My 2-Year Bond Ends?

I have been working for a small IT firm since April 2016. They have a bond for 2 years and a notice period of 3 months. In my offer letter, they mentioned "3 months notice in case of service agreement (bond) absence" or if my employer sacks me "2 months notice."

Here, my query is, shall I serve the notice period from my 1 year 9th month to finish the 2 years service agreement, or should I serve the notice period after completing 2 years?

Dear Kumar,

Your statement is totally contradictory. First of all, let me clarify that as per the verdict of the Supreme Court, no bonded labor in India is permissible.

Secondly, if the notice period is in place, how can the bond for two years as well as a notice period of 3 months be applicable together?

Thank you for your response, Mr. UMA Lanthanum & Pmd.

After 1 year and 4 months, I joined (in August 2017), they asked me to sign a bond which states that it is valid from my date of joining, i.e., April '16. The bond is also dated June 2016. They compelled me to sign, and they haven't given me a copy. Therefore, I am unable to provide the text written on the bond.

My offer letter contains the following description about the notice period:

"Your service with the company is bound by the employment agreement. The notice period required is 2 months' written notice by the company and 3 months' written notice by yourself (only applicable in the absence of the employment agreement). In case of gross misconduct, the company reserves the right to terminate the employment without notice."

Dear Kumar,

Your service agreement specifically states that a notice period of three months is applicable where a bond is absent. In your case, the requirement is two years of service. Also, it does not say that the two periods cannot run concurrently. Therefore, the option of one year and nine months of service, followed by giving a three-month notice, should suffice to release you from liability in both cases.

Dear Kumar,

In this matter, already, members have given their opinions. In your case, there are two contracts, i.e., your Appointment letter and Bond. It is better you go thoroughly through both documents to avoid mishaps. As per your appointment letter, the notice period is 3 months in the case of Bond or 2 months in the absence of a bond. You can only serve notice on completion of 2 years of service, not prior to that if you are under a bond.

Dear Kumar,

I meant that at the end of one year and nine months of service, if you give a three-month notice to quit the service, you would not only complete the total bond period of a two-year service but also the notice period, in case it is required. So, both the bond period and the notice period would end simultaneously without any additional service period. However, I am of the firm opinion that the notice period clause does not apply in your case.