I just need some clarification on the bond amount.
I had been sent to the US for the transition of a process. I was promised a promotion upon successful transition of the process, and they took my signature on the badly printed bond (plain paper).
1. The training cost was borne by the client.
2. If someone goes abroad for a meeting, there is no bond, and my invitation letter says that it is for a business meeting (they changed it to avoid visa-related hassle, as if they write training, then they need to provide extra documents).
3. My company took a witness signature after I decided to resign.
4. They forced me to extend my notice period so that I can train others and complete all documentation related to the transitioned process.
5. After that, they asked me to pay about 2.17 lacs.
6. The bond on the plain paper says that it should be required to be printed on stamp paper, but it never was.
Can someone tell me if I can recover the amount paid?
Also, at that time, I needed my relieving documents as I had joined another company, and I did not want to lose that opportunity. My previous employer was not ready to let me go and give my resignation acceptance letter, which was required by my current company.
Can you advise on this, and if you know someone in Bangalore who has good knowledge in this domain?
From India, Bangalore
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I had been sent to the US for the transition of a process. I was promised a promotion upon successful transition of the process, and they took my signature on the badly printed bond (plain paper).
1. The training cost was borne by the client.
2. If someone goes abroad for a meeting, there is no bond, and my invitation letter says that it is for a business meeting (they changed it to avoid visa-related hassle, as if they write training, then they need to provide extra documents).
3. My company took a witness signature after I decided to resign.
4. They forced me to extend my notice period so that I can train others and complete all documentation related to the transitioned process.
5. After that, they asked me to pay about 2.17 lacs.
6. The bond on the plain paper says that it should be required to be printed on stamp paper, but it never was.
Can someone tell me if I can recover the amount paid?
Also, at that time, I needed my relieving documents as I had joined another company, and I did not want to lose that opportunity. My previous employer was not ready to let me go and give my resignation acceptance letter, which was required by my current company.
Can you advise on this, and if you know someone in Bangalore who has good knowledge in this domain?
From India, Bangalore
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To answer your question in greater detail, I would need to go through your employment agreement and the bond you have singed.
However, from the limited information available here, I understand that you signed a bond which mentioned that if you quit the company within a specified period of time after your US trip, you will be liable to pay 2.17 lacs to the company. Now that you have quit this company, you are not sure if you actually owe this huge amount to the company.
The legal position on this issue is that an employee bond is enforceable by the company if and to the extent the company has incurred expenditure on that employee's special training which enhances the employee's ability to handle a function better. To explain this further, if your company can prove that they spent on your training which enhanced your skill-set in a particular field, then they can recover the amount spent on you, if you quit the company before the specified term in the bond. Whether the bond was on a plain paper or on a stamp paper does not affect the validity of the agreement.
In cases where such agreements are on plain paper, the party who presents the document to the court shall have to then pay stamp duty (decided by the court depending on the quantum of the claim in the suit). In this case, if your company decides to take you to court to recover the amount, they will have to pay the stamp duty in the court to be able to prosecute you.
Once we determine your rights and the company's rights under the bond and employment agreement, we can decide the course of action to be taken to get your relieving letter.
Further, my suggestion to you would be not to upload your company documents online like the invite letter you have attached here. This may violate your confidentiality obligation and land you in trouble, if your previous company decides to take legal action against you. To avoid any trouble, you could either darken the sensitive information (company name, names of individuals, amounts, etc.), or share it with the lawyer you choose (as then you will be protected by client-attorney privilege).
Although I am from Bangalore, I now work in Gurgaon. Bangalore has lawyers who could assist you on this matter in abundance. If you have any difficulty in identifying one, let me know and I could refer you to my personal contacts.
Your friendly Lexorcist
From United States, Falls Church
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However, from the limited information available here, I understand that you signed a bond which mentioned that if you quit the company within a specified period of time after your US trip, you will be liable to pay 2.17 lacs to the company. Now that you have quit this company, you are not sure if you actually owe this huge amount to the company.
The legal position on this issue is that an employee bond is enforceable by the company if and to the extent the company has incurred expenditure on that employee's special training which enhances the employee's ability to handle a function better. To explain this further, if your company can prove that they spent on your training which enhanced your skill-set in a particular field, then they can recover the amount spent on you, if you quit the company before the specified term in the bond. Whether the bond was on a plain paper or on a stamp paper does not affect the validity of the agreement.
In cases where such agreements are on plain paper, the party who presents the document to the court shall have to then pay stamp duty (decided by the court depending on the quantum of the claim in the suit). In this case, if your company decides to take you to court to recover the amount, they will have to pay the stamp duty in the court to be able to prosecute you.
Once we determine your rights and the company's rights under the bond and employment agreement, we can decide the course of action to be taken to get your relieving letter.
Further, my suggestion to you would be not to upload your company documents online like the invite letter you have attached here. This may violate your confidentiality obligation and land you in trouble, if your previous company decides to take legal action against you. To avoid any trouble, you could either darken the sensitive information (company name, names of individuals, amounts, etc.), or share it with the lawyer you choose (as then you will be protected by client-attorney privilege).
Although I am from Bangalore, I now work in Gurgaon. Bangalore has lawyers who could assist you on this matter in abundance. If you have any difficulty in identifying one, let me know and I could refer you to my personal contacts.
Your friendly Lexorcist
From United States, Falls Church
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Hi,
What I wanted to convey briefly is what Lexorcist wrote: "Whether the bond was on plain paper or stamp paper does not affect the validity of the agreement," and it is absolutely true. You can consult a lawyer or otherwise resolve this matter by conversing with your previous employer.
From India, Delhi
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12What I wanted to convey briefly is what Lexorcist wrote: "Whether the bond was on plain paper or stamp paper does not affect the validity of the agreement," and it is absolutely true. You can consult a lawyer or otherwise resolve this matter by conversing with your previous employer.
From India, Delhi
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I believe some companies take the surety amount upfront while signing the bond, while some others just get the bond signed and recover the amount if the employee resigns within the bond period.
In your case, if you had paid the surety amount while signing the bond, then there might be a possibility (subject to agreements between you and the company) of you recovering either part or the entire surety amount. However, if you paid the amount subsequent to your resignation and demand by the company, it may act as a waiver from your side and an acceptance of your liability, thus barring any further legal relief for you.
Your friendly Lexorcist
From United States, Falls Church
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In your case, if you had paid the surety amount while signing the bond, then there might be a possibility (subject to agreements between you and the company) of you recovering either part or the entire surety amount. However, if you paid the amount subsequent to your resignation and demand by the company, it may act as a waiver from your side and an acceptance of your liability, thus barring any further legal relief for you.
Your friendly Lexorcist
From United States, Falls Church
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