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Company harassing me to pay remaining bond amount am I liable
22-Dec-2023 (In Labour & Service Law)
I started working for Ericsson India Global services,Noida as an Assistant Engineer Trainee and due to compulsory procedure I had to sign there bond agreement which stated that I need to work for them for minimum of 18 months and If there is a breach in agreement I had to pay 1,50,000.I worked for them for 3 months and due to the irregular shifts and pathetic working conditions I had no option and I resigned from my post and decided to go for further studies.Despite that I worked one more month due to the notice period. Now they are asking me to pay 1,17,000 deducting my notice period salary. I wrote to the HR about my situation that I am going for further studies and I had to pay my fees so it isn't possible for me to pay this bond amount but they aren't accepting that and sending me mails about recovery.
One can't answer to this question unless one has gone through the details of the contract signed in between the parties and thereafter incidents undertaken based on that contract.
However, as a general rule of fact one is required to serve at some place if he has voluntarily agreed to remained there for a certain period of time. This rule comes with a rider that the employer has the responsibility to teach or train the employee with whom he is going to have that sort of contract and he can only ask him to volunteer for such contract otherwise not.
So if you have not been trained by your previous employer then you are not bound to oblige by this contract. But as I said nothing can be said on a certain note unless one has gone through the contract.
However, as a general rule of fact one is required to serve at some place if he has voluntarily agreed to remained there for a certain period of time. This rule comes with a rider that the employer has the responsibility to teach or train the employee with whom he is going to have that sort of contract and he can only ask him to volunteer for such contract otherwise not.
So if you have not been trained by your previous employer then you are not bound to oblige by this contract. But as I said nothing can be said on a certain note unless one has gone through the contract.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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Hi
Just ignore their mails and continue with the course you have decided to take.
if they are so desperate to recover this amount let them go ahead and file a suit for recovery of this amount.
If they are getting right legal advice,they will not initiate any legal action against you because it is easy to get a bond from a prospective employee but not easy to get it enforced through the process of law. They will have to prove so many things to succeed in recovering this amount which is not easy( I am not including the details as they are not relevant at this point of time)
Carry on with your studies and best of luck!
Just ignore their mails and continue with the course you have decided to take.
if they are so desperate to recover this amount let them go ahead and file a suit for recovery of this amount.
If they are getting right legal advice,they will not initiate any legal action against you because it is easy to get a bond from a prospective employee but not easy to get it enforced through the process of law. They will have to prove so many things to succeed in recovering this amount which is not easy( I am not including the details as they are not relevant at this point of time)
Carry on with your studies and best of luck!
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Adv. Pravin Sharma
Delhi | 100+ Answers
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