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QUESTION
previously i worked with lakshya food india ltd. from 19 june 2012 till 30 june 2013 and i have signed a bond on company letter head for 2 years for 2 lakh

i leaved the company by giving 4 days notice,now they send a notice claiming 5 lakh
tell me what they can do ?
By Brijesh Kukreja (Beginner)  8 years ago   49 views
 
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Article 19 guarantees the right to work and this right neither can be waived of by the employee on his own will nor the employer can force any contract in contradiction to above mentioned article

The employer can bond his employee for payment of any expenses incurred by the employer as part of training provided to employee,but this training should be provided to an employee by the employer for any other purpose than increasing his productivity in the organisation as an employee
 
 
Brijesh Kukreja So what they can claim now?
8 years ago
 
 
 
 
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As per the Indian Statute bonded labor system was long abolished and no bond can force any person to work against the employees wishes.As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided. As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land. Sec 368 of Indian Penal Code talks about extortion by the threatening to file a legal suit. The minimum punishment under this act is 2 two years.The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.

The court also has stated that the employer can not hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same.Bonds are applicable only if the company has spend money on the personal grooving and enhancement of the employees, but not just a training that helps employees perform.
 
 
kanchan raj kar Notice is just a formality , so that company can recruit a guy in place of you at the same position. But if you do not serve the notice period then company will not give you RELEASE Letter. And if you do not have any RELEASE letter then that experience will not be counted as your Total Experience.
8 years ago
 
 
 
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Anuj It is a difficult situation. You will not get relieving from the company but it might not be compulsory document to join a new firm. Many companies nowadays accept resignation letter as a part of formality.
8 years ago
 
 
 
Brijesh Kukreja but resignation is signed by employee how it can be valid?
8 years ago
 
 
 
kanchan raj kar Dear Brijesh, you need a lawyer's advice..best of luck..
8 years ago
 
 
 
 
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