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 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.
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almost 3 years ago