Facing Salary Withholding Over Bond Dispute: How Should I Handle This Situation?

Hello All,

I was under an employment bond of 2 years (out of which I have already served 1.2 years). The bond amount is 2 lakhs. Due to some medical reasons, I had to resign. My manager and the management were aware of my health issues, and all the medical documents were submitted. I was asked to serve a 3-month notice, which I agreed to. I resigned on 24th November but wasn't paid the November salary. Upon inquiry, the Accounts department stated that as per policy, the first month's salary is on hold until the full and final settlement. HR kept avoiding discussions and asked me to wait.

Furthermore, they deducted my December salary as well. When I enquired, HR said they are deducting this in lieu of the bond amount, and I would not receive any pay until my notice period ends in February. When I asked for written confirmation, they refused and never provided anything in writing. I was very clear about not paying the bond amount from the day I resigned, and this was communicated to HR from the start. Please note, no money was spent on my training or any certifications. When asked, they have no answer for why I should be paying the bond amount. There is no cost the company has incurred because of me, so why should I pay a 2 lakh bond amount? By the end of my notice, the bond amount will be recovered in lieu of my salary.

What should I do in this scenario? I have now decided to quit my job. I have already served 44 days of notice out of 90 and have 9 earned leave balance. Please help.

Dear member,

Well, gentlemen, you had signed the employment bond at the time of joining the service. While signing the legal agreement, you could have shown caution about the troubles you might face during the lock-in period of the bond.

Now, after giving resignation, you state, "I was very clear about not paying the bond amount right from the day I resigned, and this was communicated to HR from the very beginning." By saying so, you seem to be unwilling to adhere to the terms of the legal agreement. How is that possible?

Legally, there is no straightforward solution to your problem. Your best course of action may be to file a lawsuit claiming that the company did not incur any expenses on training and thus forfeits the right to the bond amount. However, do you think proving this in a court of law will be easy? The case could drag on for the next 25 years, and by the time a verdict is reached, you may not have the energy to enjoy the outcome even if you win.

I suggest talking to your HR and seeking a compromise. Convince them that you do not wish to leave the job but that your medical condition has forced you to quit. You could submit an application to the MD requesting clemency and release on compassionate grounds.

Thanks,

Dinesh Divekar

HR did not release the offer letter beforehand; instead, they insisted on releasing the offer letter on the joining date itself. All these clauses were not discussed beforehand. They did not even discuss all of this when I resigned. Now, after deducting 2 months' salary, they are telling me this. They kept stalling me, which made this situation worse, and they do not want any middle ground.

As per them, I am bound to serve notice until the amount equals 2 lakh. Furthermore, they do not even want to engage in any written communication.