How to avoid notice period and not pay for it and get all documents?


I am working in a small IT company and have signed on a bond paper that has a court stamp of Rs.100. Condition in bond is that I have to stay 30 days in the company as a notice period if I resign from the company otherwise I will have to pay Rs. 25000. Company is not giving my offer letter and relieving and experience letters.

 

HR will give my letters after 30 days but I want to leave the company before the time (30days). How can I get all my letters without paying the Rs. 25000 and join the next company before the 30 days? The company is not even giving Xerox copy of bond paper. What should I do?

 

Answer

 

You can legally force the company to release your papers, however, you shall either have to serve the notice period or pay the amount of Rs. 25,000. 

 

Even if you initiate a suit against the company for release of your papers, the Court shall also direct you to pay the said amount or serve the notice period as such a condition is very common in all the employment contracts and cannot be said to be arbitrary or unreasonable for the Court to strike it down. You are bound by the contract and at your whim you cannot whittle out of it.

 

Kindly contact us for any further details and action.

 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Labour & Service Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Create an Employment Termination Letter

4.2 | 45 ratings
30 Min Intro call + Start to finish help - Termination Letter drafted by a local experienced advocate
Email to HR

4.4 | 46 ratings
15 Min Intro call + Start to finish help - Personalised email drafted by a local experienced advocate
Create a Non Disclosure Agreement (NDA)

4.6 | 73 ratings
30 Min Intro call + Start to finish help - NDA drafted by a local experienced advocate
Legal Notice for Recovery of Dues from Employer

4.8 | 421 ratings
30 Min Intro call + Start to finish help
Create an Employement Agreement

4.6 | 203 ratings
30 Min Intro call + Start to finish help - Employement agreement drafted by a local experienced advocate
15 Minutes Labour / Service Advice Session by Phone

4.8 | 476 ratings
Legal advice and answers from a local experienced advocate about your labour / service issue.
Document Review - Non Disclosure Agreement (NDA)

4.6 | 64 ratings
Review + 30 Min phone call - NDA review by a local experienced advocate
Document Review - Employment Agreement/Appointment Letter

4.8 | 191 ratings
Review + 30 Min phone call - Employement Agreement review by a local experienced advocate
Similar questions

My empolyer is forcing me to serve a notice period. What to do?…

Read More

ve notice of minimum 3 months.They have also accused me of biased statements of absconding and not giving proper handover of my duties.They also credi…

Read More

I signed an offer but later due to personal reasons, rejected it (1 week from date of joining) by informing the employer in a very mild manner. Howeve…

Read More

My company is laying off few teams. In my case, Since we both have 3 month notice clause in appointment letter. Head is agree to pay 3month salary not…

Read More

Talk to a lawyer for your legal issue