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How to avoid notice period and not pay for it and get all documents?
09-Jun-2023 (In Labour & Service Law)
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?
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.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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