Counsel
Ask an expert!
Legal, accounting and compliance advice from qualified professionals.
Employment Bonds are legally enforceable if the organization has invested resources in personnel training or skill enhancement of the employee. But this bond should not be enforced by way of a penalty and the compensation to be paid must be reasonable. In your case, you can argue in Court that a demand for 3 months salary is not reasonable and that it...
Wazzeer Professional Network
ProfessionalDear Sir/Mam, Currently I am working in an IT company from 2016-Present.Before this, I worked as a software developer in ASCENTech IT Pvt. Ltd. Over there I worked for 11 months.While joining the job they asked me to sign a bond for two years of employment.Because of micromanagement in the company, I quit the in 10 months and found a new one. Since the clause of the bond was as follows: If an employee breaks the employment bond. He/She has to pay 3 times of current salary with 1 month of notice period OR serve 3 months of the notice period. As per the requirement of the new job, I was asked to join within one month. I resigned my previous job and served 1 month notice period.
But to claim the compensation amount form me, the company kept my academics original certificates with them. It included my SSC, HSC and Engineering results. I request them to decrease the compensation amount. So that I can pay it and get my documents back.But they refused for it and it been a year, my original documents are with them. In my current organization, I explained them this problem and they allowed me to join without any documents. My previous company has also halted my 28 salaries of day and it is still unpaid. They forcing me to pay the total amount to gain the documents. But it is very difficult for me since I am orphan and do not have any economic support. So I expect some legal advice to get back my documents so that I can applying in Big MNC's.
-
Wazzeer Professional Network
ProfessionalEmployment Bonds are legally enforceable if the organization has invested resources in personnel training or skill enhancement of the employee. But this bond should not be enforced by way of a penalty and the compensation to be paid must be reasonable. In your case, you can argue in Court that a demand for 3 months salary is not reasonable and that it should be reduced, but the success of such a submission will depend on the extent of training you were given and the resources the company used on you. For your information, this might be a time consuming and costly process. It would be better if you could come to a settlement with the HR of the company itself.
As to your other problem, in no case is it legal for them to hold your original documents from you. It is a coercive tactic. You may request your new company to call for the original certificate from your previous employer for verification purposes. Initiate a written correspondence with your previous employer for the return of the original certificates and inform them that you would be compelled to take legal action if they are not returned. It will be better if you have some acknowledgment or proof that you had submitted your original documents to the company. If none of this works out, you can lodge a police complaint (FIR) against the company. Alternatively, you can apply for duplicates from the respective institutions.
In case you need a support in this matter, things can be consulted and delivered seamlessly on Wazzeer platform -> "Get Started!"
over 4 years ago
View answer
Dear Sir/Mam, Currently I am working in an IT company from 2016-Present.Before this, I worked as a software developer in ASCENTech IT Pvt. Ltd. Over there I worked for 11 months.While joining the job they asked me to sign a bond for two years of employment.Because of micromanagement in the company, I quit the in 10 months and found a new one. Since the clause of the bond was as follows: If an employee breaks the employment bond. He/She has to pay 3 times of current salary with 1 month of notice period OR serve 3 months of the notice period. As per the requirement of the new job, I was asked to join within one month. I resigned my previous job and served 1 month notice period.
But to claim the compensation amount form me, the company kept my academics original certificates with them. It included my SSC, HSC and Engineering results. I request them to decrease the compensation amount. So that I can pay it and get my documents back.But they refused for it and it been a year, my original documents are with them. In my current organization, I explained them this problem and they allowed me to join without any documents. My previous company has also halted my 28 salaries of day and it is still unpaid. They forcing me to pay the total amount to gain the documents. But it is very difficult for me since I am orphan and do not have any economic support. So I expect some legal advice to get back my documents so that I can applying in Big MNC's.
-
Wazzeer Professional Network
ProfessionalEmployment Bonds are legally enforceable if the organization has invested resources in personnel training or skill enhancement of the employee. But this bond should not be enforced by way of a penalty and the compensation to be paid must be reasonable. In your case, you can argue in Court that a demand for 3 months salary is not reasonable and that it should be reduced, but the success of such a submission will depend on the extent of training you were given and the resources the company used on you. For your information, this might be a time consuming and costly process. It would be better if you could come to a settlement with the HR of the company itself.
As to your other problem, in no case is it legal for them to hold your original documents from you. It is a coercive tactic. You may request your new company to call for the original certificate from your previous employer for verification purposes. Initiate a written correspondence with your previous employer for the return of the original certificates and inform them that you would be compelled to take legal action if they are not returned. It will be better if you have some acknowledgment or proof that you had submitted your original documents to the company. If none of this works out, you can lodge a police complaint (FIR) against the company. Alternatively, you can apply for duplicates from the respective institutions.
In case you need a support in this matter, things can be consulted and delivered seamlessly on Wazzeer platform -> "Get Started!"
over 4 years ago
Looking to hire a professional from our handpicked community?
Explore our services, submit your request and let us do the rest for you.