Employment Bond Confusion: Can HR Demand Fees If I Resign Before 3 Months?

Hi, I am currently working in an IT company based in Pune, and I have signed a bond with them to be employed with the company for a minimum of 3 months, and this is the exact language that is used in the bond.

Now the issue is, I resigned 3 days before I completed my 3 months because I have to serve a 2-month notice from the date of resignation, and hence my total employment with the company would be more than 3 months. But HR is demanding the bond amount, stating that I resigned before 3 months, which is nowhere mentioned that I cannot resign before 3 months; it just says I have to be employable for a minimum of 3 months, which I am fulfilling.

P.S - I am following proper resignation and exit protocol and not absconding.

I am seeking expert advice on what my remedies would be if HR creates problems to release my relieving and experience letter.

Without going through the actual text of the bond, it is not possible to give an answer either way. However, assuming your version is correct, the opinion of your HR may not be correct both factually and legally, as the service of the employee begins on the date of joining and ends on the date of relieving consequent on resignation, both days inclusive. The date of submission of resignation is immaterial if it takes effect from a future date.

Try to convince your management.

Thank you for your input. Below is the attached Bond that I have signed for proper interpretation.

Regards

Notice Period and Bond Period

The legal principle is that the notice period and bond period run concurrently as your services are available to the organization during this period. Since the notice period far exceeds the remaining bond period, the contention of your authorities is patently wrong and unmindful of the involved legalities.

To clarify further, for your information, the shortage in the bond period, even if we go by the interpretation given by HR, is only three days. Therefore, they can ask for only a proportionate bond amount and not for the entire bond period of three months.

You can reply to them, pointing out the above. Hopefully, they will try to understand the position and not harass you any further.

Dear Colleague,

When we peruse the agreement you signed, clauses 5, 6, 7, 8, 9, and 10 declare your acceptance that you will not seek new employment for at least 3 months. You must deactivate your resume, refrain from accepting any invitations from consultants, and so on. This clause is crystal clear. If you attempt to secure a job or accept an offer within the first 3 months of your joining, it constitutes a breach of the contract you signed based on the document you provided. The organization is entitled to claim compensation as mentioned in the agreement. This stance is legally sound from the organization's perspective. Therefore, handle this matter with care and a deep understanding to avoid losing hard-earned money. Address this situation appropriately and seek further support by discussing it with HR. Legally, you cannot contest this case.

I find it strange that a company is going through so much trouble to keep a candidate in employment for just 3 months and then making an issue of him resigning 3 days early (with notice pay exceeding the remaining period).

There is something strange going on. Neither the agreement nor the event makes any sense.