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Enquiry for breaking of the bond with corporate company
09-Apr-2023 (In Labour & Service Law)
Hi, I have joined a core marketing company from December, 2016. I have signed one bond mentioning about 3 months notice period and as a bond they have taken one of my marksheet. Due to some health issues, I am not able to work anymore as it is a field job. Now I want to quit. If I will resign, I have to pay back 3 times the last salary drawn by me and also have to work for next 3 months. Is it possible to break this bond without paying the money? How would be the procedure?
Hello,
Although employment contracts contain bond provisions quite regularly, the position taken by the courts consistently is that the employee would not be liable for the payment of bond money unless the employer can prove that the employer has expended such sums of money for training, skill enhancement or on other resources for the employee. Therefore, while the employer may in all likelihood send you a notice or even consider initiating legal proceedings against you for recovery of the bond money, it is unlikely that a court would allow the same, especially considering the factor that your termination was initiated owing to health related grounds.
Although employment contracts contain bond provisions quite regularly, the position taken by the courts consistently is that the employee would not be liable for the payment of bond money unless the employer can prove that the employer has expended such sums of money for training, skill enhancement or on other resources for the employee. Therefore, while the employer may in all likelihood send you a notice or even consider initiating legal proceedings against you for recovery of the bond money, it is unlikely that a court would allow the same, especially considering the factor that your termination was initiated owing to health related grounds.
Helpful?
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No need to pay any single pause to your company...they Dnt have right to hold your personal documents like marksheet and any other documents...if your company may demands any type of quiry than only raise issues. Otherwise you are liberty to live as your wish without disturbance.
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Adv. Kumara B
Bangalore | 25+ Answers
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