Hello all, I need your advice. I was working for a hospital for the last 2 years, and in the last year in July, they asked me to sign a bond for 5 years (didn't give me the copy of the bond) and gave me a car as a gift. However, in December, I resigned and returned the car and one month's salary too because of not serving a one-month notice. After one month, I received a notice from a lawyer and an official letter (registered AD) from the hospital stating that I signed a bond for one year (though I signed for 5 years) and discontinued, so I have to pay 50,000 rupees to them. If not paid, the sum will increase by 18% annually.
Kindly tell me what to do? P.S.: The notice was not on any stamp paper; it was signed by some lawyer.
From India, Delhi
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Kindly tell me what to do? P.S.: The notice was not on any stamp paper; it was signed by some lawyer.
From India, Delhi
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Understanding Contractual Agreements
It's fake! Remember, a contract is an agreement enforceable by law; otherwise, it's only an agreement. Just relax and don't give in. Ask them to speak to your lawyer, or you'll file a suit for harassment against them.
Also, what 18% increase rules are they talking about? Was it mentioned as a clause in the original?
From India, Mumbai
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5It's fake! Remember, a contract is an agreement enforceable by law; otherwise, it's only an agreement. Just relax and don't give in. Ask them to speak to your lawyer, or you'll file a suit for harassment against them.
Also, what 18% increase rules are they talking about? Was it mentioned as a clause in the original?
From India, Mumbai
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Thank you, Mr. Sarang. Unfortunately, I don't have the original copy with me because after signing it, they promised to give a copy later. Should I ask them to give me a copy of the signed bond? And there was no clause of 18% at that time as well.
Regards,
Pia
From India, Delhi
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Regards,
Pia
From India, Delhi
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Sarang Yande is right. I suggest you consult a lawyer to draft a suitable reply to their letter. Make a formal request to supply you with a copy of the bond/agreement/contract that you signed but don't have a copy of. Needless to mention, it may not be an unplanned step from their end. I also suggest you touch base with other employees whom you know [you were there for 2 yrs]. Inside inputs would go a long way at this stage.
Regards,
TS
From India, Hyderabad
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Regards,
TS
From India, Hyderabad
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Hello Pia! Ideally, they wouldn't cooperate with you by sending a copy. It's best to approach a lawyer and ask them to send a notice to them for furnishing details. If they talk through a lawyer (and make it sound frightening!), you should do the same!
As per the next advice, I may not encourage you to get in touch with ex-colleagues as many of them may be close to HR and may report your actions. Remember, YOU have quit, but they still work for the company and wouldn't want to be a part of this.
Keep a steady goal and relax. Let the lawyers talk. Focus on your new job and achieve your professional goals. Life is too short to be tense, scared, and get deviated from our purpose of life!
Regards,
Sarang
From India, Mumbai
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As per the next advice, I may not encourage you to get in touch with ex-colleagues as many of them may be close to HR and may report your actions. Remember, YOU have quit, but they still work for the company and wouldn't want to be a part of this.
Keep a steady goal and relax. Let the lawyers talk. Focus on your new job and achieve your professional goals. Life is too short to be tense, scared, and get deviated from our purpose of life!
Regards,
Sarang
From India, Mumbai
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Thank you so much for the advice, Sarang ji and TS ji. You are right; they won't hand over my bond copy if I ask them on my own. Kindly tell me one more thing... I don't know any lawyer. How do I approach them, and there must be fees as well to hire them, right? Tell me how to proceed next...
Regards,
Pia
From India, Delhi
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Regards,
Pia
From India, Delhi
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I wouldn't be the best person to suggest that depending on your city. Try to get a labor lawyer or someone who is a human rights lawyer. These professionals work on issues such as yours and may refer their colleague. Alternatively, you can approach your family or any civil lawyer and ask for their help in finding a labor lawyer. Fees are a debatable issue and may vary according to your location and the intensity of the case. Usually, they charge Rs. 10k for filing a petition and then a fixed amount for each court hearing after that. Again, this is not the best measure.
Thank you!
From India, Mumbai
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Thank you!
From India, Mumbai
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Hello Pia, please contact Shah Viral in the thread whose link is provided below. He is an advocate. However, it's up to both of you to work it out. I have already mentioned your thread to him in the link below.
https://www.citehr.com/316372-resign...ease-help.html
All the best.
Regards,
TS
From India, Hyderabad
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https://www.citehr.com/316372-resign...ease-help.html
All the best.
Regards,
TS
From India, Hyderabad
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Hello Pia, I suggest contacting Shah Viral in the thread whose link is given below. He is an advocate. However, it's up to both of you to work it out. I have already mentioned your thread to him in the link provided below.
https://www.citehr.com/316372-resign...ease-help.html
All the Best.
Regards, TS
Hello, as you mentioned earlier, I believe they have demanded Liquidated Damages. Is it possible for you to send a copy of your Notice to me via email at [Email Removed For Privacy Reasons]? This way, we can discuss it, and it will be helpful for you to consult a lawyer specialized in either labor practices or civil law. Both fields are different, like an ENT Specialist and a Child Specialist.
@TS: Thanks for supporting our CHR member.
From India, Bombay
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https://www.citehr.com/316372-resign...ease-help.html
All the Best.
Regards, TS
Hello, as you mentioned earlier, I believe they have demanded Liquidated Damages. Is it possible for you to send a copy of your Notice to me via email at [Email Removed For Privacy Reasons]? This way, we can discuss it, and it will be helpful for you to consult a lawyer specialized in either labor practices or civil law. Both fields are different, like an ENT Specialist and a Child Specialist.
@TS: Thanks for supporting our CHR member.
From India, Bombay
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Notice of Employee Change.doc