Can I Leave My Job Without Serving Notice if I Pay the Bond? Concerns About Joining as a Fresher

Hello, I joined an organization with a 2-year employment bond. When I joined the organization, the service letter stated that if I wanted to terminate my employment within 24 months, I would have to pay 2.5 lakh or the training amount that the employer had invested in me. Now, after 6 months, I have a better opportunity elsewhere and wish to break the bond. I am prepared to pay the 2.5 lakh.

I spoke to my HR and informed them that I am willing to pay the bond amount to terminate my employment immediately. However, they mentioned that I have to serve the notice period of 3 months. I requested to reduce the notice period or that I would serve 1 month and buy out the remaining 2 months. The HR mentioned that the employer has discretion over the notice period and essentially declined my request.

Now, I want to join my new company without serving the notice period by only paying the bond amount, as I prefer not to receive an experience letter from the new organization and wish to join as a fresher. Could this decision create any problems? I have a UAN number created by my current employer, so will my new employer be able to obtain any information about my previous employer or could this cause any issues? I am joining there as a fresher and did not disclose my employment history.

Concurrent Bond and Notice Period

The bond period and notice period run concurrently. If the amount of Rs. 2.5 lakh is more than your salary for the notice period, then the employer cannot insist on separate payment for the notice period. The employer cannot doubly benefit itself; that is the principle of law. Since you have a UAN and if you are within the coverage limit, your next employer will come to know of your previous employment history. Jumping the notice period is not recommended in such cases.