Bond signed at joining what amount can company recover if i leave
08-Feb-2023 (In Labour & Service Law)
I am central government employee and i work in an ordinance factory. I am probation. The probation period is for 2 years. At the time of joining i was made to sign a surety bond stating that if leave job within 5 years after 2 years of probation then we have to give amount spent on us on training and salary received during the training period. Now i am posted in dehradun and i want to leave the job now. The gazette says that a bond of 1 lac to that effect shall be executed by the probationer at the time of appointment. How much amount can they recover if i leave the company?
However, you need to plan the exit smartly so that your money/salary is not stuck with the employer at the time when you are leaving.
What happens very often is that the company refuses to pay for your work done during the notice period, and they claim that they are appropriating the salary of the notice period towards payment of compensation for breaking the bond etc - if that is the case, ask them to put it down in writing. If they refuse to write it, tell them that you are ready to give a notice, but they if they are refusing to pay you are not legally bound to serve the notice period.
You are not legally required to pay any money towards the company when you quit. Some case law suggests that an employer can recover training costs, but here the training costs cannot be very substantial. If they claim it, they need to establish what they have lost due to breach in a court of law, which is very difficult.
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